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2010 (2) TMI 960 - AT - Income TaxThe assessee had claimed cost of index and improvement - For deduction u/s.54 of the Income tax Act, 1961(the Act), - We find that in that case deduction u/s.54F was considered whereas in the case before us the status of the assessee is Non Resident Indian and the issue is with regard to the deduction u/s.54 of the Act. Further, the order of the Jurisdictional Tribunal has more binding effect. Therefore, the decision relied on by the revenue is not applicable to the facts of the present case. - Accordingly we are inclined to uphold the order passed by the ld. CIT(A) in allowing the claim of the assessee. The grounds taken by the revenue are therefore, rejected.
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