IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX APPLICATION No 359 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH and Hon'ble MR.JUSTICE K.A.PUJ ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? @ THE COMMISSIONER OF INCOME TAX Versus AMRATLAL DAHVABHAI PATEL(HUF) -------------------------------------------------------------- Appearance: 1. INCOME TAX APPLICATION No. 359 of 1999 MR MANISH R BHATT for Petitioner No. 1 MR SN SOPARKAR for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH and MR.JUSTICE K.A.PUJ Date of decision: 07/08/2002 ORAL JUDGEMENT (Per : MR.JUSTICE M.S.SHAH) The present application as well as Income-tax Application No.360 of 1999 arose out of the common order passed by the Income-tax Appellate Tribunal, Ahmedabad. 2. Our attention is invited to the decision dated 27-9-2000 passed by this Court in Income-tax Application No.360 of 1999. 3. Having heard the learned counsel for the parties, we are of the view that on the proposed question No.1 in the memo of the application, the following question of law does arise:- "Whether, on the facts and in the circumstances of the case, the ITAT was justified in holding that the transfer of land would not fall in the period 1993-94 relevant to assessment year 1994-95 with reference to the deed of ratification dated 18-4-1996 and handing over of the possession of land for building activities in 1993 as per oral agreement in that year?" 4. We, therefore, allow this application. The Tribunal is directed to prepare a statement of case and send it to this Court on the above question No.1 proposed in this application. Rule is made absolute but with no order as to costs. (M.S. Shah,J) (K.A. Puj,J) zgs/-