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1 - 3 of 3 (2.84 seconds)C.S. Atwal vs Commissioner Of Income Tax Ludhiana And ... on 22 July, 2015
4. Being aggrieved, an appeal was filed before the CIT(A),
contending that the power of attorney executed in favour of the
developer does allow possession of the property for the purpose of
carrying out the project. The joint development agreement entered
into with the developer on 09.01.2012 was not a registered one.
Therefore, there was no transfer within the meaning of provisions of
section 2(47) of the Act placing reliance on the decisions of the
Hon'ble Punjab & Haryana High Court in the case of C.S. Atwal v.
CIT [2015] TaxCorp (DT) 61500 and Hyderabad Bench of this
Tribunal in the case of ITO v. Sham Kumar 2015 Tax Pub (DT)
(Hyd ITAT - ITA No. 40270). It was further submitted that the
appellant had offered capital gains of Rs. 1.17 lakhs for AY 2017-
Ito vs Sham Lal on 29 June, 2004
4. Being aggrieved, an appeal was filed before the CIT(A),
contending that the power of attorney executed in favour of the
developer does allow possession of the property for the purpose of
carrying out the project. The joint development agreement entered
into with the developer on 09.01.2012 was not a registered one.
Therefore, there was no transfer within the meaning of provisions of
section 2(47) of the Act placing reliance on the decisions of the
Hon'ble Punjab & Haryana High Court in the case of C.S. Atwal v.
CIT [2015] TaxCorp (DT) 61500 and Hyderabad Bench of this
Tribunal in the case of ITO v. Sham Kumar 2015 Tax Pub (DT)
(Hyd ITAT - ITA No. 40270). It was further submitted that the
appellant had offered capital gains of Rs. 1.17 lakhs for AY 2017-
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