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1973 (2) TMI 30 - HC - Income TaxLand Acquisition - state appeals against the compensation for land acquired determined by subordinate judge - whether the Income-tax authorities should wait for disposal of appeal before assessing the capital gains - "Whether assessment of the sum as capital gains chargeable to tax under section 45 of the Income-tax Act, 1961, is valid in law? - in cases where section 254(2) of the Income-tax Act, 1961, applied, the assessee can seek a rectification of the order of the Tribunal if the income determined by the subordinate judge or the Land Acquisition Officer as the case may be and taken by the taxing authority to be the true income is varied after the order of the Tribunal by an appellate authority. In this case, the appeal to the High Court did not succeed and the quantum fixed by the subordinate judge has been upheld and no such difficulty as envisaged by the assessee actually arose - We see no error in the order of the Tribunal
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