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2007 (12) TMI 408 - HC - Income TaxRecalculation of capital gains tax - Advance rent - whether be treated as the cost of acquisition of tenancy rights - Held that:- In the present case, the judgment is referred to in the impugned order. There may even be a case where a judgment on the issue may be delivered subsequent to the remand of the case, even that would be binding on the lower authority. Still further the matter has only been remanded back to the Assessing Officer for fresh determination with liberty to the assessee to lead any further evidence if requires. The issue has not been finally determined. In case still the issue is determined against the assessee, it have its remedies in accordance with law. In New Cawnpore Flour Mills v. CIT [2005 (1) TMI 50 - ALLAHABAD High Court] it has been opined that the reference cannot be made in a case where in appeal the Tribunal without deciding any issue only remands the matter back. No substantial question of law arises in the present appeal. Accordingly, the same is dismissed.
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