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.