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2017 (3) TMI 575 - AT - Income TaxGain from the sale of flats treated as short-term capital - year in which the capital gain is to be taxed - selection of assessment year - Transfer taken place in which year? - Held that:- The assessee in the instant case has relinquished its right by executing the sale deed in favour of the assessee. Accordingly, we are of the view that the transaction has taken place, therefore, the gain is liable to the taxed in the year under consideration. As such, we find no infirmity in the order of the lower authorities. - Decided against assessee Disallowances of brokerage expenses - Held that:- The claim of brokerage expenses is not arising from the order of the AO and the Ld. CIT(A) has disregarded the claim of the assessee without referring the same to the AO. Thus from the above it is clear that the issue of brokerage has not been adjudicated by the AO. Therefore, in view of the above and in the interest of justice, we are inclined to restore this issue to the file of the AO for fresh adjudication in accordance with law. - Decided in favour of assessee by way or remand.
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