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2011 (11) TMI 399 - HC - Income TaxAmount received for surrender of tenancy rights – applicability of section 10(3) – A.Y. 1993-94 – Held that:- The issue is no longer res integra. In the present case the Revenue has not made out a case and it was not their contention that the cost of acquisition of the tenancy was capable of ascertainment. This is not the case made out in the assessment order or in the order passed by the CIT(A) and this was also not the contention of the Revenue before the tribunal. Therefore, in an appeal u/s 260A, this question or issue does not arise for consideration and decision. In similar circumstances, in CIT vs D.P. Sandu Bros. Chembur (P) Ltd. (2005 (1) TMI 13 - SUPREME Court), it has been held that the cost of acquisition of tenancy was capable of ascertainment but the Revenue had taken a contrary stand that the cost of acquisition was incapable of being ascertained. This is also the case of the Revenue in the present case. Therefore, decided against the Revenue
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