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2015 (4) TMI 334

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..... hat the flat was agreed to be sold to the present Assessee in the year 1994 and a letter in that behalf was addressed and handed over. The formalities of transfer and handing over of physical possession were postponed to the date of final payment. That was because the agreed price of ₹ 94,40,000/- was not paid in one go or at the time of the allotment letter. A substantial payment was made b .....

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..... e. - Income Tax Appeal No. 1024 of 2013 - - - Dated:- 30-3-2015 - S. C. Dharmadhikari And A. K. Menon,JJ. For the Appellant : Mr Arvind Pinto For the Repondents : Mr Aarti Vissanji Mr S J Mehta ORDER P.C. The Revenue is in Appeal against the order of the Income Tax Appellate Tribunal dated 23rd November, 2012 in Income Tax Appeal No. 3493/Mum/2011. The Assessment year is .....

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..... no dispute about the facts. The Tribunal found that the flat was agreed to be sold to the present Assessee in the year 1994 and a letter in that behalf was addressed and handed over. The formalities of transfer and handing over of physical possession were postponed to the date of final payment. That was because the agreed price of ₹ 94,40,000/- was not paid in one go or at the time of the a .....

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..... We also think that no larger question of law, much less substantial, arises as the Tribunal has endorsed the view taken by the Commissioner of Income Tax (Appeals) which was imminently possible and given the factual background. In such circumstances, there is no perversity in the Tribunal's finding and conclusion, which is in any event based on its earlier orders under the similar circumstance .....

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