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    <title>2016 (2) TMI 430 - ITAT DELHI</title>
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    <description>For capital gains computation, the agreed sale consideration of shares cannot be replaced by market value or book value unless there is material showing that higher real consideration was received; on the facts, banking-channel sale and completed transfer formalities supported the assessee&#039;s declared consideration, so the long-term capital loss was allowed. A penalty under section 271(1)(c) founded solely on the same unsustained quantum addition cannot survive once the addition is deleted; accordingly, the penalty was also liable to be deleted and the assessee&#039;s relief was maintained in full.</description>
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      <link>https://www.taxtmi.com/caselaws?id=271725</link>
      <description>For capital gains computation, the agreed sale consideration of shares cannot be replaced by market value or book value unless there is material showing that higher real consideration was received; on the facts, banking-channel sale and completed transfer formalities supported the assessee&#039;s declared consideration, so the long-term capital loss was allowed. A penalty under section 271(1)(c) founded solely on the same unsustained quantum addition cannot survive once the addition is deleted; accordingly, the penalty was also liable to be deleted and the assessee&#039;s relief was maintained in full.</description>
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      <pubDate>Fri, 22 Jan 2016 00:00:00 +0530</pubDate>
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