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2011 (4) TMI 878 - HC - Income TaxRelinquishment of tenancy rights - whether a Capital receipt? - reopening of assessment -Held that:- As decided in Commissioner of Income Tax versus D P Sandu Bros. Chembur P. Ltd. [2005 (1) TMI 13 - SUPREME COURT] the money or income derived from relinquishment of tenancy right is capital receipt and cannot, therefore, be subjected to payment of income tax. In view of the foregoing discussion, quashing the order of assessment, the impugned notice u/s 148 has become infructuous and has to be quashed - Appeal decided in the favour of assessee
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