https://www.taxtmi.com/caselaws?id=77820 Independent transfers of separate undivided shares by distinct co-owners cannot be clubbed into one transaction merely because the transferee is common or the transferors are spouses. The court applied a substance-over-form approach but held that it does not permit aggregation of two separate sale deeds evidencing separate holdings and separate transfers. Because the complaint treated the accused inconsistently as owners of the whole property while also acknowledging individual undivided shares, the basis for invoking Chapter XX-C and prosecution under section 276AB failed, and the criminal proceedings were quashed. en-us Fri, 26 Mar 2010 00:00:00 +0530 Thu, 14 Oct 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=77820 Independent transfers of separate undivided shares by distinct co-owners cannot be clubbed into one transaction merely because the transferee is common or the transferors are spouses. The court applied a substance-over-form approach but held that it does not permit aggregation of two separate sale deeds evidencing separate holdings and separate transfers. Because the complaint treated the accused inconsistently as owners of the whole property while also acknowledging individual undivided shares, the basis for invoking Chapter XX-C and prosecution under section 276AB failed, and the criminal proceedings were quashed. Case-Laws Income Tax Fri, 26 Mar 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=77820