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    <title>2023 (10) TMI 1264 - ITAT PUNE</title>
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    <description>Capital gains could not be safely sustained where the record left unresolved disputes on whether a completed transfer had occurred, including possession, receipt of consideration, ownership entries in the revenue record, and the land&#039;s alleged control by CIDCO. The inconsistent factual findings on ownership, possession, and the nature of the land, including its description as Watan land relevant to cost of acquisition, meant the tax consequence had not been properly examined. The matter was therefore remitted for de novo adjudication after considering the assessee&#039;s submissions and making necessary inquiries.</description>
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      <link>https://www.taxtmi.com/caselaws?id=445041</link>
      <description>Capital gains could not be safely sustained where the record left unresolved disputes on whether a completed transfer had occurred, including possession, receipt of consideration, ownership entries in the revenue record, and the land&#039;s alleged control by CIDCO. The inconsistent factual findings on ownership, possession, and the nature of the land, including its description as Watan land relevant to cost of acquisition, meant the tax consequence had not been properly examined. The matter was therefore remitted for de novo adjudication after considering the assessee&#039;s submissions and making necessary inquiries.</description>
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