P&H: Disposes income tax appeal on basis of earlier ruling in C.S. Atwal case

punjab-haryana
⚖️ Order Date: 18 Sep 2026
Headnotes

Income Tax Act, 1961, Ss.2(47), 147, 148, 254(1), 144, 143(3), Transfer of Property Act, 1882, S.53A — Capital gains — Transfer under Joint Development Agreement — Execution of JDA, nature of possession delivered thereunder and applicability of S.2(47)(v) r/w s.53A of Transfer of Property Act, 1882,...


Facts of the Case

P&H: Disposes income tax appeal on basis of earlier ruling in C.S. Atwal case

The Punjab and Haryana High Court has disposed of an income tax appeal filed by M/s Surjeet Kaur Dalam, holding that the controversy was already covered by its earlier decision in C.S. Atwal v. Commissioner of Income Tax, Ludhiana and another.

The case concerned a Joint Development Agreement dated 25 February 2007 entered into by a cooperative housing society with developers. The appellant, widow of a society member, was entitled under the agreement to monetary consideration and a flat. The tax department treated the arrangement as a transfer and assessed capital gains for assessment year 2007-08.

The assessee challenged the...

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