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2009 (11) TMI 976 - ITAT MUMBAI
Extract:
....... liable for capital gain; therefore, allowability of exemption is to be examined as per law. Accordingly, we restore this issue to the file of the AO to pass a fresh order after allowing reasonability opportunity of being heard to the assessee. 9 In the result, the appeal of the assessee is allowed partly as above. Order pronounced on 26th Nov 2009