2013 (12) TMI 1320

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....spondent : S. D. Singh ORDER This appeal has been filed against the order dated 11.9.2009 passed by the Income Tax Appellate Tribunal, Allahabad Bench, Allahabad in three connected Income Tax Appeal No.187/Alld/2009 assessment year 2005-2006.(Smt.Neelam Devi Tulsyan and The Commissioner of Income Tax,Varanasi). The following substantial questions of law have been framed in the memo of app....

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....t de-nevo after thoroughly considering ass the issues raised?" The present appeal arises out of proceedings under section 263 of the Income Tax Act relevant to the assessment year 2005-2006. The assessee is dealing in share of listed companies. The Commissioner cancelled the assessment order and directed the assessing officer to reframe the assessment order, after considering all the issues rai....

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....these shares in the assessment years 2002-2003 and 2003-2004. The Tribunal allowed the claim of the assessee with regard to capital gains on the sale of shares of listed companies. The order of the Tribunal has been confirmed in further appeal by this Court. The Tribunal for the relevant assessment year 2005-2006 has followed its earlier judgment given in the preceding assessment year and held ....

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....ing were purchased on 17th of August, 2002 at the rate of Rs.2.72 per share and were sold on 18th of September, 2003 at the rate of Rs.75.92 per share. Similarly, the shares of M/s Mohan Finance Ltd. which were purchased in the month of September 2001 at the rate of varrying between Rs.3.02 to 4.52 per share and were sold at the rate of varrying from Rs.54.45 to Rs.40.14 per share. He was of the v....