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1975 (7) TMI 50 - HC - Income TaxExtract: .......accordingly, answer the first question in the negative and in favour of the assessee. For the same reason we also hold that no question of capital gains arise under section 45 of the Act. We, accordingly, answer the second question also in the negative and in favour of the assessee. The assessee will be entitled to his costs. Counsel s fee Rs. 250.
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