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1989 (8) TMI 8 - HC - Income TaxExtract: .......case of capital gains and the transaction squarely comes within section 45 of the Act. In that view of the matter, the question is answered in the negative and in favour of the Revenue. The case is remanded to the Tribunal for deciding the same on merits on all other points. There will be no order as to costs. BHAGABATI PRASAD BANERJEE J. -I agree.
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