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2015 (11) TMI 1378 - HC - Income TaxPenalty under Sections 271(1)(b) and 27(1)(c) - undisclosed capital gain - when the petitioner being one of the co-sharer of the properties and when the proceedings initiated by the Income Tax Officer, Ward - I(1), Thanjavur was dropped as against the co-sharers, it is not justifiable on the part of the respondent to initiate action against the petitioner in respect of capital gains from the same properties - Held that:- When the properties sold are being one and the same and the sellers are also one and the same, two different yardsticks cannot be adopted. That apart, since the issue, as far as the other owners are concerned, is one and the same, the petitioner's claim alone cannot be rejected. Without considering the said aspects, the respondent has passed the impugned orders. Hence, to give a quietus to this issue, in the interest of justice, the impugned assessment orders challenged in these writ petitions are liable to be interfered with. Accordingly, the impugned orders are quashed and the matters are remitted back to the respondent for passing orders afresh on merits and in accordance with law. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to forthwith file necessary income tax returns if not filed earlier before the respondent along with the necessary documents so as to substantiate her claim.
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