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ALok Mukherjee (Ind) Versus The ITO, Ward- 3 (2) , Jaipur

Reopening of assessment - accessibility of capital gain from sale of capital asset - Held that - Since, the assessee did not raise this issue before the authorities below and the agreement dated 13.05.2005 is not the basis of the AO to initiate the proceedings u/s 147/148 of the Act therefore, in the absence of the leave of the Tribunal to raise a fresh ground which is altogether setting up a new case and also purely factual in nature, adjudication of the same requires investigation of the facts....... + More



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