ORDER

PER M. BALAGANESH (A.M)

These two appeals in ITA No.6100&6124/Mum/2017 for A.Y.2011- 2012 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-3, Mumbai both dated 04.07.2017 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3)of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 28.03.2014 by the ld. Income Tax Officer – 1(2), Thane (hereinafter referred to as ld. AO).

2. The only issue to be decided in this appeal of both the assessee as well as the revenue is as to whether the long term capital gains of Rs 1,09,75,319/- could be brought to tax in the facts and circumstances of the case. Both the assessee as well as the revenue are in appeal before us with regard to determination of quantum of long term capital gains and hence both the appeals are taken up together and disposed off by this common order for the sake of convenience.

3. The assessee is an autorickshaw driver and had filed his return of income for the Asst Year 2011-12 on 30.3.2013 declaring total income of Rs 64,801/-. The assessee was never assessed to income tax. He had filed his return for the Asst Year 2011-12 in view of the fact that he along with other family