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TMI Blog1985 (7) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... 71, at the rate of Rs. 26 per share. The face value of these shares being Rs. 25 per share, he disclosed a capital gain of Rs. 1,300 at the rate of Re. 1 per share during the accounting period ending on March 31, 1971. The Income-tax Officer, being of the view that the value of these shares was Rs. 51.54 per share when calculated as per break-up method provided in rule 1D of the Wealth-tax Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r was Rs. 51.54? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the provisions of section 52(2) of the Income-tax Act, 1961, were applicable in the present case ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that an income of Rs. 33,292 under the head 'Capital gains' could be i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "Sub-section (2) of section 52 of the Income-tax Act, 1961, can be invoked only where the consideration for the transfer of a capital asset has been understated by the assessee, or, in other words, the full value of the consideration in respect of the transfer is shown at a lesser figure than that actually received by the assessee, and the burden of proving such understatement or concealment is on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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