9911796707
TMI Blog2014 (4) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee - respondent situated near Don Bosco, Odxel, Dona Paula, Goa, on 25.02.2010. Thereafter, the assessee filed the return of income originally on 27.06.2006 declaring the total income of Rs. 1,78,440/- which was filed before the Income Tax Department at Chennai on 27.06.2006. In response to the notice, the assessee - respondent filed a return of income on 02.08.2011 by declaring a total income of Rs. 1,33,440/- and agricultural income of Rs. 45,000/-. It is not in dispute that both the respondents in the above appeals were governed by the system of community of property in force in the State of Goa and according to Section 5A of the Income Tax Act, the income of the husband and wife under any head of income shall not be assessed as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the proceeds of sale of these flats or the income thereof had accrued to the respondent. It was further held that the taxation in the hands of the respondent in such circumstances is only a notional addition of income which is not in order and therefore deleted. The Commissioner further found that no income of transaction arose in the hands of the respondent on the basis of facts on record but however this transaction cannot be claimed as an expenditure by the respondent towards the cost of the project as it does not relate to the transfer of land. Accordingly, the appeal preferred by the respondent was treated to be allowed. The Tribunal upon reexamination of the material has noted that there was an agreement for development and sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Apex Court in the judgment reported in (2005)2 SCC 324 in the case of M. Janardhana Rao V/s Joint Commissioner of Income Tax has observed at paras 10 and 15 thus : "10. Some of the provisions of Section 260-A are in pari materia with various sub-sections of Section 100 CPC. The provisions are Sections 260-A(1), 260- A(2)(c), 260-A(3), 260-A(4) of the Act corresponding to Sections 100(1), 100(3), 100(4) and 100(5) CPC. 15. An appeal under Section 260-A can only be in respect of a "substantial question of law". The expression "substantial question of law" has not been defined anywhere in the statute. But it has acquired a definite connotation through various judicial pronouncements. In Sir Chunilal V. Mehta & Sons Ltd. v. Century Spg. & ..... X X X X Extracts X X X X X X X X Extracts X X X X
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