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Issues:
1. Interpretation of section 52 of the Income-tax Act, 1961. 2. Determination of sale value per share for computing capital gains tax. Analysis: 1. The case involved a petition under section 256(2) of the Income-tax Act, 1961, concerning the applicability of section 52 of the Act. The respondent-assessee had initially declared his income as Rs. 2,25,990, which was later revised to Rs. 1,85,990. The Assessing Officer assessed the income at Rs. 4,26,450, considering a capital gain on the sale of shares at Rs. 3,62,400, based on a sale rate of Rs. 26 per share. The Commissioner of Income-tax (Appeals) directed the Assessing Officer to recompute the capital gain by adopting a sale price of Rs. 15.75 per share. The Tribunal upheld this decision, leading to a petition questioning the Tribunal's findings on the applicability of section 52 of the Act. 2. The Tribunal examined the history of the case, noting that the shares were sold at Rs. 15.75 per share as part of a settlement agreement after a prolonged dispute. The Commissioner of Income-tax (Appeals) found the sale price justified, considering the circumstances of a distress sale and lack of evidence for avoidance of capital gains. The Tribunal concurred with this assessment, rejecting the argument that other sales at Rs. 26 per share invalidated the respondent's sale price. The court upheld the Tribunal's decision, emphasizing that the findings were well-founded and legally sound, thereby dismissing the petition as no question of law arose for consideration. This detailed analysis covers the issues of interpretation of section 52 of the Income-tax Act and determination of the sale value per share for computing capital gains tax, providing a comprehensive understanding of the judgment.
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