TaxTMI 
TaxTMI 
2020 (2) TMI 1444
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....ddl. CIT DR ORDER PER SHRI A.K. GARODIA, AM: Both these appeals are filed by the two different but connected assesses. These two assesses are mother and son and joint owner of the property, capital gain on the sale of which is in dispute. These appeals are directed against two separate orders of CIT(A) - 7 Bengaluru dated 07.12.2018 in the case of the mother and dated 05.01.2016 in the case of ....
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....s 91 to 96 of the paper book and our attention was drawn to para 7 of this tribunal order and he pointed out that as per this para, the tribunal followed the tribunal order rendered in the case of Lahiri Promoters vs. ACIT in ITA No. 12/Vizag/2009 dated 22.06.2010 and also followed the judgment of Hon'ble apex court rendered in the case of K. P. Varghese vs. ITO, 131 ITR 597 and the judgment of Ho....
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....y the seller assessee in full or in part before the date of the sale deed by way of account payee cheque or bank draft, the assessee deserves benefit as per law and for the limited purpose of examining this factual aspect that sale consideration was received in full or in part by way of account payee cheque or bank draft before the date of the sale deed, the matter was restored to AO because no ma....
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.... and it should be decided here only. Learned DR of the revenue supported the order of CIT (A). 4. We have considered the rival submission. We find that there is no dispute on these facts that Agreement of sale was entered on 12.08.1995 because this fact is noted by CIT (A) also in Para 5.3 of his order dated 05.01.2016 in the case of Shri V. M. Harikrishna. In the same para of his order, this is ....