The Commissioner of Income Tax IV, Hyderabad v. ORAL ORDER: (Per: GR,J)
Case at a glance
Provisions considered
Key paragraphs
- Para 20032003. In the facts and circumstances, no question of law, let alone a substantial question of law arises consideration in this appeal which is dismissed at the stage of admission. No costs. __________________________ JUSTICE GODA RAGHURAM ____________________________ JUSTICE N. RAVI SHANKAR Dated: 09-07-2012 Pvks/*
Judgment
THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N. RAVI SHANKAR I.T.T.A.No. 81 of 2012 Dated: 09-07-2012 ORAL ORDER: (Per: GR,J) No substantial question of law arises for consideration in this appeal preferred by the Revenue under Section 260-A of the Income Tax Act, 1961 (for short ‘the Act’), against the order of the Income Tax Appellate Tribunal, Hyderabad ‘A’ Bench (for short ‘Tribunal’) dated 24-10-2008. The assessee preferred the appeal to the Tribunal against the order dated 30-08- 2007 of the Commissioner of Income Tax (Appeals) V, Hyderabad, in respect of the assessment year 2004-05, whereby the Commissioner (Appeals) confirmed the order of the Assessing Officer holding that long term capital gain on sale of the assessee’s land at Kavadiguda, Secunderabad, in favour of CPWD and another unit of NTPC accrued during the assessment year 2004-05. The Tribunal on critical consideration of the facts and circumstances on record recorded the conclusion on fact that the assessee had handed over possession of the land, of an extent of Ac.2.108 Cts., to CPWD in the year 2004-05 and not the previous year 2003-04 as contended by the Revenue. This finding was recorded on the basis of letter dated 13-12-2006 addressed by the CPWD whereby CPWD stated clearly that they had taken possession of the land from the assessee on 03-06-2004 and not on the date of the agreement of sale i.e., 02-09-
#2003. In the facts and circumstances, no question of law, let alone a substantial question of law arises consideration in this appeal which is dismissed at the stage of admission. No costs. __________________________ JUSTICE GODA RAGHURAM ____________________________ JUSTICE N. RAVI SHANKAR Dated: 09-07-2012 Pvks/*
Questions this judgment answers
Which statutory provisions did this judgment involve?
Income Tax Act, 1961.
Which court decided this case, and when?
Andhra Pradesh High Court, on 09 Jul 2012. The bench was GODA RAGHURAM, N RAVI SHANKAR, GODA, N RAVI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.