2009 (12) TMI 371

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....ent of the court was delivered by K. L. Manjunath J.- Sri Aravind, is directed to take notice for the respondent. 2. Heard the counsel for the parties. 3. The assessee has come up in this appeal challenging the legality and correctness of the order passed by the Assessing Officer which has been confirmed by the Commissioner of Income-tax (Appeals) and further affirmed by the Income-tax Ap....

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....o calculated the quantum of capital gains paid by the partners of the firm on account of the dissolution of the firm based on the material produced before him. Accordingly, some relief has been given to the assessee. Against which the assessee filed a second appeal before the Income-tax Appellate Tribunal. The Income-tax Appellate Tribunal also held that the assessee is liable to pay the capital g....

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....e Tribunal, in paragraph 8 of its order has clearly stated that such ground has not been raised by the assessee. The Commissioner of Income-tax (Appeals) in detail has considered the case of the assessee. Having considered the case of the assessee in detail, the Commissioner of Income-tax (Appeals) has also given some relief to the assessee. Therefore, we are of the view that the assessee not havi....