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2005 (4) TMI 16 - HC - Income Tax"Whether, on the facts and in the circumstances of the case and in law, the Tribunal was right in upholding the order of the Commissioner of Income-tax (Appeals) directing the Assessing Officer to work out the capital gains on 2/3rds of the sale consideration of Rs. 64,80,000 amounting to Rs. 43,20,000?" - we are unable to agree with the order of the Tribunal that there is a deemed partition and disruption of the Hindu undivided family as per Explanation 1 to section 6 of the Hindu Succession Act and the share of the deceased karta is liable to be excluded for the purposes of computation of income under the head "Capital gains" - we answer the above question referred to us in the negative, i.e., in favour of the Revenue and against the assessee
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