2022 (8) TMI 81

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..... CIT (DR) ORDER PER SAKTIJIT DEY, JM: This is an appeal by the Revenue against order dated 19.12.2016 of learned Commissioner (Appeals)-42, New Delhi, for the assessment year 2012-13. 2. The only effective ground raised by the assessee reads as under: "Whether the Ld. CIT (A) has erred in law and on facts of the case in holding that the assessee is entitled to benefit of proviso to section 11 .....

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..... plied the tax rate of 10% on the capital gain by taking recourse to the proviso to section 112(1) of the Act and claimed refund of the excess TDS. The Assessing Officer disallowed assessee's claim. 4. Being aggrieved, the assessee preferred an appeal before learned Commissioner (Appeals. Agreeing with the submissions made by the assessee, learned Commissioner (Appeals) directed the Assessing Offi .....

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..... Act has concluded that the assessee is entitled to avail the beneficial tax rate under section 112(1) of the Act. Thus, in view of the aforesaid binding precedent of the Hon'ble Jurisdictional High Court, we do not find any infirmity in the decision of learned Commissioner (Appeals). Ground is dismissed. 8. In the result, the appeal is dismissed. Order pronounced in the open court on 8th July, .....

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