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2003 (1) TMI 48 - KERALA HIGH COURTCapital gains - "1. Whether, the Tribunal right in law and fact in holding that in spite of the assessee acknowledging receipt of Rs. 5,98,999 in the agreement cited supra, it can be said that only a sum of Rs. 2,00,000 was actually received by him on March 1, 1983, which was accounted for, in his books on the same day? - 2. Whether, Tribunal justified in law and fact in holding that the land measuring 2.52 acres were not actually sold for a sum of Rs. 12,591 per cent as alleged by the Revenue? - 3. Whether, Tribunal right in law in holding that the agreement dated March 1, 1983, was not acted upon either in relation to the rate of Rs. 12,951 per cent. or in relation to rental clauses found therein? - 4. Whether, Tribunal right in law and fact in finding that it is not established that the sum of Rs. 1,36,060 has gone to Sri P.J. Thomas or was intended to be paid to him?" - we answer the questions in favour of the assessee and against the Revenue.
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