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2012 (7) TMI 15 - AT - Income TaxAmount received for relinquishing the disputed rights over the land - capital gains - assessee pleaded for admission of additional ground contesting taxability in view of fact that same does not fall under definition of capital asset and cost of acquisition of the disputed rights in hands of the appellant is nil - Held that:- There is a reasonable cause for raising additional ground by the assessee before us for the first time. Considering the arguments of the assessee that relinquishment of disputed right cannot taxed since the said rights have no cost of acquisition, it is appropriate to admit the additional ground. However, the lower authorities have no occasion to go into the merit of the additional ground raised by the assessee before us. Accordingly, additional ground remitted back to the file of the AO for due consideration in the light of judgement of Supreme Court in the case of B.C. Srinivasa Setty (1981 (2) TMI 1 (SC)) and also the other judgements.
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