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2017 (7) TMI 869

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....espondent ORDER Per Court 1] The present appeal pertains to Assessment Year 2008-09. 2] Mr.Tejveer Singh, the learned counsel for the Appellant states that the appeal involves following substantial question of law; "(a) On the facts and in the circumstances of the case and in law, the Tribunal was not justified in holding that the CIT (Appeals) could exclude the deemed Capital Gain ....

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....eous conclusion. 4] The learned counsel for the Respondent submits that the present issue is no longer resintegra and is covered in the judgment of this Court in case of Commissioner of Income Tax vs. Pruthvi Brokers and Shareholders P. Ltd., reported in [2012] 349 ITR 336, in which even the judgment of the Apex Court in case of Goetze India Limited (supra) was also considered. 5] We have co....