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TMI Blog2008 (1) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... gress and egress between the schedule property and the nearest road with all other privileges, easements, tights, incidental to the ownership and enjoyment of the schedule property has been provided. Thus, considering the different clauses of the sale deed, it was held that it is a composite sale deed of land, building and right of way – held that - the appeal does not show or reflect any substant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies granting right of way to M/s. McDowell and Co. Ltd. to gain access to the land and building purchased by it. This agreement was valued at Rs. 42,00,000. According to the assessee, both the transactions were different. 3. At the time of assessment under section 144 of the Act, long-term capital gain was computed at Rs. 42,77,421. After the assessment was reopened on March 17, 2004, on the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Assessing Officer considered the sale deed executed by the assessee in favour of M/s. McDowell and Co. Ltd. and referred to para 2 thereof which mentions that the right of way for the ingress and egress between the schedule property and the nearest road with all other privileges, easements, tights, incidental to the ownership and enjoyment of the schedule property has been provided. Thus, con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the view that appeal of the assessee before it did not have any merit and substance, hence the same came to be dismissed. Against this order, the assessee is before us challenging the correctness, propriety and legality of the same under section 260A of the Act. 6. In our considered opinion, the appeal does not show or reflect any substantial question of law, which may be required to be an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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