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Acit Non Corporate Circle 3, Chennai vs Shafiq Mohamed Shah, Chennai on 12 August, 2022

This order of the Tribunal in Shafiq Mohammed Shah (supra) was subsequently followed by another co-ordinate Bench in another co-owner's case in Shri Sathak Ahmed Shaw (supra). Therefore, the two co-ordinate Benches of this Tribunal examined the very same joint development agreement in the case of the co-owners and found that there was no transfer during the year under consideration. In view of the decision of co-ordinate Benches of this Tribunal holding that the transfer in fact took place during the assessment year 2007-08 and not during the assessment year under consideration, this Tribunal is of the considered opinion that the CIT(Appeals) has rightly followed the order of this Tribunal. Hence, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
Income Tax Appellate Tribunal - Chennai Cites 2 - Cited by 0 - Full Document

Acit Non Corporate Circle 3, Chennai vs Shafiq Mohamed Shah, Chennai on 31 May, 2019

This order of the Tribunal in Shafiq Mohammed Shah (supra) was subsequently followed by another co-ordinate Bench in another co- owner's case in Shri Sathak Ahmed Shaw (supra). Therefore, the two co-ordinate Benches of this Tribunal examined the very same joint development agreement in the case of the co-owners and found that there was no transfer during the year under consideration. In view of the decision of co-ordinate Benches of this Tribunal holding that the transfer in fact took place during the assessment year 2007-08 and not during the assessment year under consideration, this Tribunal is of the considered opinion that the CIT(Appeals) has rightly followed the order of this Tribunal. Hence, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
Income Tax Appellate Tribunal - Chennai Cites 2 - Cited by 0 - Full Document
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