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    <title>2025 (7) TMI 18 - ITAT PUNE</title>
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    <description>ITAT Pune held that when actual cost of asset is available, fair market value cannot be deducted from sale consideration to determine capital gains. However, since the assessment order was ex-parte and details regarding other co-owners were unavailable, the matter was restored to AO for fresh determination. The AO was directed to consider the position of all co-partners and decide according to facts and law after providing proper hearing opportunity to the assessee. Revenue&#039;s appeal was allowed for statistical purposes.</description>
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      <link>https://www.taxtmi.com/caselaws?id=773950</link>
      <description>ITAT Pune held that when actual cost of asset is available, fair market value cannot be deducted from sale consideration to determine capital gains. However, since the assessment order was ex-parte and details regarding other co-owners were unavailable, the matter was restored to AO for fresh determination. The AO was directed to consider the position of all co-partners and decide according to facts and law after providing proper hearing opportunity to the assessee. Revenue&#039;s appeal was allowed for statistical purposes.</description>
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