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    <title>2015 (5) TMI 574 - ITAT PUNE</title>
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    <description>Taxability of long-term capital gains depended on whether the assessee&#039;s 1/24th share had actually been transferred, but the record showed that possession had not been handed over and civil proceedings over the property were still pending. Additional documents indicated that the partition dispute among co-owners and the restraint on delivery of possession continued, so the factual position on crystallisation of the transaction could not be confirmed on the existing material. The matter was therefore sent back for fresh examination of the record, including verification of the additional documents and a hearing for the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=259700</link>
      <description>Taxability of long-term capital gains depended on whether the assessee&#039;s 1/24th share had actually been transferred, but the record showed that possession had not been handed over and civil proceedings over the property were still pending. Additional documents indicated that the partition dispute among co-owners and the restraint on delivery of possession continued, so the factual position on crystallisation of the transaction could not be confirmed on the existing material. The matter was therefore sent back for fresh examination of the record, including verification of the additional documents and a hearing for the assessee.</description>
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