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2012 (4) TMI 90 - HC - Income TaxCapital gain - the assessee had filed its return of income and had, amongst others, offered an income of Rs.11,15,44,005 as capital gains - in the instant case, that the return was filed by the assessee and the assessee disclosed a capital gain amount of Rs. 11,15,44,005 - A footnote if at all can be for the pur- pose of amplification or for further reference or any such thing, but not to indicate a stand contrary to the main thing - a footnote cannot guide or control a return which is filed by an assessee. A footnote if at all can be for the pur- pose of amplification or for further reference or any such thing, but not to indicate a stand contrary to the main thing - Held that: the instant case was not one of a principle of estoppel being put against the assessee to deny any examination but it was a more a case of non-production of relevant material by the assessee which would have compelled the Tribunal or the Appellate Commissioner to examine and opine on that and merely raising a ground is not a substitute for material to make good the ground - Appeal is dismissed
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