Brief of the Case
ITAT Jaipur held In the case of ITO vs. Alok Mukherjee that where both the parties not performed terms & conditions of the agreement to sale in prescirbed time and prescribed manner, it is breach of contract, so it will not be a transfer of property on the date of such agreement. In the given case. on the basis of agreement to sale and deed of registration, it is proved that agreement to sale are different. Even agreement to sell is presumed to be genuine as per the terms and conditions, the agreement to sell is not existed on the date of registry. Even area as well as remaining consideration are not matching in the agreement to sell and deed of registry of various dates.
Facts of the Case
ITA No. 887/JP/2012 and 862/JP/2012
In the given case, the assessee sold some properties. In all the cases, notice u/s 148 was issued and detailed questionnaires were also sent by the Assessing Officer. There was no compliance from all the assessees, therefore, order u/s 144 was passed by the Assessing Officer in all the cases. All the cases were scrutinized by the Assessing Officer. In all the cases, notices were issued to the assessees to furnish the details but no compliance was made by them. Therefore, the Assessing Officer decided the case u/s 144.
Ground of revenue’s appeal ITA No. 887/JP/2012
“Whether on the facts and in the circumstances of the case and in law the ld CIT(A) is justified in deleting the addition from sale of Rs. 36,12,659/- holding the assessability of LTCG in respect of four properties sold by the assessee in the hands of HUF.”
Ground of assessee’s appeal ITA No. 862/JP/2012
