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2010 (3) TMI 711 - HC - Income TaxSection 41(2) of the Income Tax Act, 1961 - The Commissioner of Income-tax (Appeals), after examining the agreement entered into between the assessee and M/s. Agrosynth Chemicals (P) Ltd., came to the conclusion that it is a slump sale - Accord-ingly, held that the capital gains are not attracted - The judgment in Artex Manu-facturing Company (1997 -TMI - 5604 - SUPREME Court) was delivered earlier and later on, the same day, the judgment in Electric Control Gear Manufacturing Company (1997 -TMI - 5605 - SUPREME Court) has been delivered - There-fore, relying upon the judgment in Electric Control Gear Manufacturing Company (1997 -TMI - 5605 - SUPREME Court), we have to answer the questions of law against the Revenue and in favour of the assessee - Consequently, the appeal is dismissed
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