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    <title>2008 (2) TMI 28 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>Capital gains tax was held not to apply where land was acquired by operation of law and no cost of acquisition could be ascertained. The court applied the principle that the charging provision and computation machinery for capital gains form an integrated code, so a transfer falls outside section 45 if the computation provisions cannot operate. Because the land had been vested through a declaratory decree under the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, and no payment for acquisition was shown, the asset was treated as having no conceivable cost of acquisition, and capital gains tax was not payable.</description>
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      <description>Capital gains tax was held not to apply where land was acquired by operation of law and no cost of acquisition could be ascertained. The court applied the principle that the charging provision and computation machinery for capital gains form an integrated code, so a transfer falls outside section 45 if the computation provisions cannot operate. Because the land had been vested through a declaratory decree under the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, and no payment for acquisition was shown, the asset was treated as having no conceivable cost of acquisition, and capital gains tax was not payable.</description>
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