Sujauddian kasimsab Sayyed. v ITO (2020) 181 ITD 564 (Mum) (Trib.)

S.56: Income from other sources- Immovable property is considered to be transferred on date of execution of registered document and not on date of delivery of possession- Rectification of mistake – Tribunal has no power of review . [ S.56(2) (vii) (b), 254(2) ]

Assessee purchased a flat and received ‘letter of allotment’ on 27-4-2012.Agreement for sale’ was executed on 10-9-2014.  According to assessee since he acquired property during assessment year 2013-14, pre-amended provision of S.  56(2)(vii)(b) had to be considered and same would not apply to facts as immovable property was not purchased without consideration. Tribunal held that transfer of property takes place on date of execution of registered document and not on date of delivery of possession or date of registration of document . On facts since ‘agreement for sales’ was executed on 10-9-2014, assessee acquired property during assessment years 2014-15 and amended S.  56(2)(vii)(b)(ii) as applicable with effect from 1-4-2014 would apply to instant case. Dismissing the petition the Tribunal held that  Tribunal being creature of statute cannot review and amend its own decision unless it is permitted to do so by statute  (AY. 2015 -16)