Mohanrao Vishwanath Gaikwad v. ITO (2020) 79 ITR 42 (SN) ( Pune) (Trib)

S.45: Capital gains —Transfer of property with co-owners —Consideration not received sale consideration -No capital gains could be taxed — Assessing Officer directed to verify non-receipt of consideration [ S. 2(47 )

Tribunal held that no part of the consideration was received till date and the assessee would be offering the amount of capital gains to tax as and when the sale consideration was actually received. The issue was remitted to the Assessing Officer for verifying the assessee’s contention about non-receipt of sale consideration. In case such contention was found to be correct, nothing should be charged to tax in the hands of the assessee for the year 2012-13 and the resultant computation of capital gains should be made and included in the total income for the year in which the assessee actually received the consideration.( AY.2012-13)