2019 (2) TMI 50

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....: Shri Lt. Gen. H.P.S. Klair ORDER PER R.S.SYAL, VP : This appeal filed by the Revenue arises out of the order passed by the CIT(A)-1, Pune on 01-08-2016 in relation to the assessment year 2008-09. 2. The only issue raised by the Revenue in this appeal is against deletion of addition of Rs. 1,19,32,338/- made by the Assessing Officer under the head "Capital gains". 3. Briefly stated....

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....his proportionate share. The AO noted that in similar two other cases Mr. P.S. Bhinder and Mr. R.V. Singh, it was submitted by those assessees that the Joint Development Agreement between the Society and THDC and M/s. Hash Builders Pvt. Ltd. was terminated. In the absence of any proof to substantiate this plea, the AO called for information u/s.133(6) from the society, THDC and M/s. Hash Builders.....

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....s and gone through the relevant material on record. The ld. DR submitted that the judgment in the case of Sh. C.S. Atwal Vs. CIT, relied by the ld. CIT(A) for deleting the addition, is in relation to a different property and not the one which was sold by the assessee along with other society members. This was controverted by the ld. AR. As the AO matched the facts of the instant case with those of....