Consideration v. Shri Vipul Krishna Ashtekar). The Above Appeal Was

Priya Soparkar 125,28, 32 itxa 563-16, 572-16, 584-16-o IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.563 OF 2016 The Pr.Commissioner of Income Tax-3, Pune. … Appellant V/s.Shri Amol K. Ashtekar… Respondent WITH INCOME TAX APPEAL NO.572 OF 2016 The Pr.Commissioner of Income Tax-3, Pune. … Appellant V/s. Smt. Radhika K. Ashtekar… Respondent WITH INCOME TAX APPEAL NO.584 OF 2016 The Pr.Commissioner of Income Tax-3, Pune. … Appellant V/s.Shri Atul K. Ashtekar… Respondent --- Mr.Tejveer Singh for the Appellant. --- CORAM : AKIL KURESHI AND M.S.SANKLECHA, JJ. DATE : NOVEMBER 26, 2018. P.C.:- 1.These three appeals under Section 260A of the Income TaxAct, 1961 challenge the impugned order dated 30[th] December, Priya Soparkar 225,28, 32 itxa 563-16, 572-16, 584-16-o 2014 passed by the Income Tax Appellate Tribunal. The commonimpugned order dated 30[th] December, 2014 disposed of the sixappeals before it including these three appeals. All these appealsrelate to Assessment Year 1999-2000. 2.The Revenue urges the following question of law for our consideration: “Whether the Income Tax Appellate Tribunal wascorrect on facts and in the circumstances of thecase and in law in not following the decision ofthe Hon'ble Supreme Court of India in case of CITVs.Poddar Cements (1997) 226 ITR 625 wherein itwas held that capital gains will arise on the date oftransfer of capital asset?” 3.Mr.Tejveer Singh, learned counsel appearing for theRevenue very fairly points out that the common impugned orderdated 30[th] December, 2014 of the Tribunal also allowed theappeal of one Mr.Vipul Krishna Ashtekar on reasons commoneven to these three appeals. Being aggrieved by the above order,the Revenue preferred an appeal to this Court being Income TaxAppeal No.209 of 2016 (The Pr. Commissioner of Income Tax-3, Pune Vs. Shri Vipul Krishna Ashtekar). The above appeal was Priya Soparkar dismissed by this Court on 18[th] July, 2018. 4.Therefore, for the reasons indicated in our order dated 18[th] July, 2018 passed in the case of Shri Vipul Krishna Ashtekar(supra) the question as pressed does not give rise to anysubstantial question of law. Thus not entertained. 5. Accordingly, all the three appeals are dismissed. (M.S.SANKLECHA,J.) (AKIL KURESHI,J.)….