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2013 (10) TMI 368 - AT - Income TaxDetermination of ALP of a transaction – Held that:- In the present case it appears that the Assessing Officer has not given any basis while estimating the ALV at Rs. 24,000/- and the learned CIT(A) after considering the order dated 03/03/2009 of his predecessor in the preceding year, considered it fair and reasonable to restrict the ALV at Rs. 16,000/- - No infirmity in the order of Comm(A). Exemption u/s 10(38) of the Income Tax Act - Long term capital gain amounting to Rs. 19,00,196/- exempted under section 10(38) of the Act - Assessee claimed long term capital gain exempted under section 10(38) of the Act - In the preceding year, wherein the learned CIT(A) has allowed the exemption under section 10(38) of the Act vide order dated 03/03/2009 and the department has not preferred any appeal against the said order. Therefore, to maintain consistency, the department ought not to have filed the appeal for the year under consideration. On the identical issue, the claim of the assessee was allowed in the preceding year by the learned CIT(A) and no appeal was preferred by the department against the said order. Therefore, keeping in view the principles of consistency the department ought not to have filed the appeal for the year under consideration in view of the ratio laid down by the Hon'ble Bombay High Court in the case of CIT Vs. Gopal Purohit reported in [2010 (1) TMI 7 - BOMBAY HIGH COURT], wherein it has been held that "there should be uniformity in treatment and consistency when facts and circumstances for different years were identical particularly in the case of the same assessee". Against the aforesaid order, SLP filed by the department has been dismissed by the Hon'ble Supreme Court – Decided against the Revenue.
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