D.b. Income Tax Appeal v. The Income Tax Officer, Ward-6(3), Jaipur New Central Revenue Building, Statue Circle, Bhagwan Das Road Jaipur In The State Of Rajasthan

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Income Tax Appeal No. 633 / 2009 SMT. ARUNA PALIWAL W/O SHRI SUDHIR KUMAR PALIWAL, R/O K-50 INCOME TAX COLONY, TONK ROAD, JAIPUR IN THE STATE OFRAJ. ----Appellant Versus THE INCOME TAX OFFICER, WARD-6(3), JAIPUR NEW CENTRAL REVENUE BUILDING, STATUE CIRCLE, BHAGWAN DAS ROAD JAIPUR IN THE STATE OF RAJASTHAN. ----Respondent _____________________________________________________ For Appellant(s) : Mr. Raj Kumar Yadav. For Respondent(s) : Mr. R.B. Mathur. _____________________________________________________ HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE MR. JUSTICE INDERJEET SINGHJudgment 21/08/2017 1.By way of this appeal, the appellant has challenged thejudgment and order of the Tribunal whereby the tribunal hasdismissed the appeal of the assessee. 2.While admitting the appeal, this court on 07.12.2009 framed the following substantial question of law:- “Whether on the facts and in the circumstances of thecase, the learned Tribunal was right in law in holdingthat the liability for long term capital gain at Rs.10,66,000/- arose in assessment year 2003-04ignoring the agreement dated 30.10.2001 andoverriding the provision of Section 2 (47) (V) of I.T.Act, 1961, read with Section 47 of Indian RegistrationAct, 1908 and Section 53A of the Transfer of PropertyAct, 1882 which conclusively prove that the transactionwas completed in assessment year 2002-03?” matter of co-sharer, the tribunal in ITA No.76/JP/2011 (Smt.Chandrawati Paliwal Vs. The Income Tax Officer) decided on16.05.2012 has taken a difference view. 4.Taking into consideration the above the order of Tribunal isquashed and set aside. The matter is remitted back to the Tribunalto decide the same afresh. 5.The appeal is allowed to the aforesaid extent. (INDERJEET SINGH),J. (K.S. JHAVERI),J. Mohit Grover Sr. No.59.