2017 (7) TMI 1177

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....AKIL KURESHI) 1. Revenue is in appeal against the judgement of the Income Tax Appellate Tribunal dated 07.07.2016 raising following questions for our consideration: "A. On the facts and in the circumstances of the case and in law, the ITAT has erred in law in ignoring the vital facts and real nature of transactions i.e. purchase and sale of land which clearly attracted capital gains an....

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....Appeals) in a detailed judgement, reversed the order of the Assessing Officer holding that if at all the transaction was held to be sham, the additions can be made in the case of the firm and not the partners. The Commissioner (Appeals) also noted that in case of one of the partnership firms, the Assessing Officer had made such addition. In other words, now to tax the partner also would amount to ....