2010 (7) TMI 1014

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..... ax Appellate Tribunal (for short the tribunal ) in ITA No.1428/Del./2008 pertaining to the assessment year 2004-05. The facts which are imperative to be stated are that the respondent- assessee is a salaried employee of M/s American Express (India) Pvt. Ltd. and has acquired certain shares under the employees stock option plan and made a gain of ₹ 70,71,035/- from the sale of such shares .....

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..... l being preferred before the tribunal, the tribunal took note of the facts namely; that the assessee had filed the return treating it as a long term capital gain on the basis of advice given by a tax consultant; that it was not a case where it could be said that there was concealment or furnishing of inaccurate particulars inasmuch as the claim was put forth on the basis of an opinion of a tax con .....

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