TMI Blog2022 (6) TMI 1427X X X X Extracts X X X X X X X X Extracts X X X X ..... that this taxpayer had neither transferred any land nor a building as specified u/s.50C(1) but only its lease hold rights in the CIDCO area. We thus hold that such a leasehold rights are nowhere covered u/s.50C(1) going by specified categories therein as per stricter interpretation recently reiterated in Commissioner of Customs Vs. Dilip Kumar and Co [ 2018 (7) TMI 1826 - SUPREME COURT] W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce they have only gone by above seized document. We accordingly accept the assessee s sole substantive grievance. - SHRI S.S.GODARA, JM AND SHRI DR. DIPAK P. RIPOTE, AM For the Assessee : None For the Revenue : Shri Rajeev Kumar Shri S.P. Walimbe ORDER PER S. S. GODARA, JM : 1. These Revenue s and assessee s cross appeal for Assessment Year 2008-09 arise against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Customs Vs. Dilip Kumar and Co. (2018) 9 SCC 1(SC) (FB). We accordingly reject the Revenue s instant sole substantive grievance as well as the main appeal ITA No. 542/PUN/2016. 3. Next comes the assessee s cross appeals challenging correctness of both the lower authorities action adding the alleged unaccounted cash component of Rs. 5,94,96,000/- in issue. The Revenue vehemently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment. We accordingly accept the assessee s sole substantive grievance as well as its cross appeal ITA No. 2921/MUM/2016 in very terms. Ordered accordingly. 5. This Revenues appeal ITA 542/PUN/2016 is dismissed and assessee s cross appeal ITA No. 2921/MUM/2016 is allowed in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the Open Court on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
