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2009 (2) TMI 93 - GUJARAT HIGH COURTTransfer of business - undoubtedly transactions took place at book value and there is no evidence that the assessee received anything more than the stated consideration – Finding that the transfer was at the book value, there would not be any balancing charge unless the book value was more than the written down value of the assets as per Income Tax records, is the finding of fact – held that that neither capital gains was chargeable u/s 45 nor balancing charge was taxable u/s 41(2)
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