2022 (11) TMI 722 - AT - Income Tax
Disallowances of Mattipuran & land leveling expenses - short term capital computation - AO, computed the amount of short term capital gain by disallowing mattipuran expenses or the land filing expenses only for the reason that the alleged payee denied to have carried land filling work - HELD THAT:- No ambiguity to the fact that the genuineness of the land filling expenses has been accepted by the learned CIT(A) in the case of co-owner. Therefore, in my considered view when, the short term capital gain and expenses claimed by the co-owner has been accepted, then the assessee cannot be treated indifferently. See M. Ambalal Desai [2021 (2) TMI 345 - ITAT SURAT]
Thus we accept the contention of ld. AR for the assessee that once, the similar STCG offered by the co-owner has been accepted by the Revenue, then the assessee is also entitled for similar relief. We find convincing force in the submissions of the learned AR for the assessee - Appeal of the assessee is hereby allowed.