2014 (9) TMI 91

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on the concurrent findings of fact in relation to the applicability of Section 2(47) clause (v) of the Income Tax Act, 1961. 2. Very few facts need to be noted and which are admitted. 3. An agreement for development dated 11th November 1999 is between the assessee and a builder and developer. The assessee has 10% undivided share, right, title and interest in a plot of land along with coowners. S .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed. A return of income was filed for this assessment year on 26th July 2001. That Commissioner of Income Tax equally the Tribunal while upholding the conclusion of the Assessing Officer held that the stand of the assessee herself is enough to denote that Section 2(47) (v) will be applicable. The findings of fact in paragraph nos.8 and 9 of the Tribunal's order reaffirms the position that Secti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... paragraph III can be raised. This question is being raised for the first time. For all these reasons mixed questions like one raised and purported to be raised all the more cannot be entertained in this Appeal. On questions 1 and 2, we have already held that the Appeal does not raise any substantial question of law. 8. As a result of the above discussion, the Appeal fails and dismissed.
Case .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X