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TMI Blog2009 (12) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... er. Tribunal also held that assessee liable to pay capital gain. Held that- the question of quantification not raised before the Tribunal thus the appeal has been dismissed. - 754 of 2009 - - - Dated:- 3-12-2009 - MANJUNATH K. L., ARAVIND KUMAR JJ. M/s. K.R. Prasad for the appellant. K.V. Aravind for the respondent. JUDGMENT The judgment of the court was delivered by K. L. Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to pay capital gains. The Assessing Officer has rejected the claim of the assessee. In the appeal preferred before the Commissioner of Income-tax (Appeals), the Commissioner of Income-tax (Appeals), confirmed the findings of the Assessing Officer in regard to capital gains payable by the assessee. The Commissioner of Income-tax (Appeals) also calculated the quantum of capital gains paid by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 404. Therefore, the said point has to be answered against the assessee. 7. So far as the quantification of the capital gains are concerned, we have also seen the grounds of appeal preferred by the assessee before the Income-tax Appellate Tribunal. In the grounds of appeal, the same has not been raised by the assessee. The Income-tax Appellate Tribunal, in paragraph 8 of its order has clearly st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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