2014 (6) TMI 152

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....M. Shah ORDER   P. C. 1. Having heard Mr.Suresh Kumar appearing on behalf of the appellant Revenue and Mr.Irani, appearing on behalf of the assessee, and perusing with their assistance the order passed by the Tribunal in this case, namely, the order dated 12th November 2008 in Income Tax Appeal No.1057/M/03 and Income Tax Appeal No.1222/M/03, we are of the view that the Appeal rai....

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....gain tax failed in the case under consideration and therefore, no capital gains could be brought to tax ? (d) Whether on the facts and in the circumstances of the case, the Tribunal was justified in relying on the decision of the Mumbai Tribunal in the case of Avaya Global Connect Ltd Vs. ACIT without appreciating that the facts in the case under consideration are quite distinguishable and cann....