TMI Blog1990 (12) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... ---------------- Rs. 1,50,000 ---------------- Less : Sale proceeds Rs. 2,00,000 Less : 41(2) profits Rs. 20,373 ---------------- Rs. 1,79,627 ---------------- Rs. 29,627 Capital gains chargeable to tax Rs. 18,472 or Rs. 18,470 ---------------- Later on, notice under section 148 ; as issued on the ground that the computation of the cost o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings. In terms of this compromise decree Smt. Kamalamma had to be paid a sum of Rs. 1,35,000 towards her claim in the properties of the deceased. Accordingly she was paid that amount on receipt of which she released her interest in the Alwaye property and held herself to be completely free of any rights and obligations arising under any document subject to the condition that the legal heirs of Shri Kumaraswamy Reddiar would meet from out of their resource any proportionate estate duty relatable to the Alwaye property. It is in this view of the matter that the CIT (Appeals) upheld the claim of the assessee that the cost of acquisition must be taken at Rs. 1,35,000 representing the amount paid to Smt. Kamalamma. 2. The department's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fe. An adventurist challenge to the factum of marriage between the two, by the petitioner in this special leave petition, has been negatived by the High Court. A strong presumption arises in favour of wedlock where the partners have lived together for a long spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin. Law leans in favour of legitimacy and frowns upon bastardy. In this view, the contention of Shri Garg, for the petitioner, that long after the alleged marriage, evidence has not been produced to sustain its ceremonial process by examining the priest or other witnesses, deserves no consideration. If man and woman who live as husband and wife ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the IT Act. Though the assessee has specifically challenged the reassessment under section 147(b) of the IT Act, the CIT (Appeals) has not disposed of that ground of appeal. However, on merits, he had upheld the claim of the assessee. From the facts narrated in the reassessment order it would appear that the ITO at the time of making the original assessment was aware of the dispute between the assessee and Smt. Kamalamma as the order has got obvious reference to the decree of the Sub-Court and to the estate duty payable on the property which was also a subject matter of compromise between the assessee and Smt. Kamalamma. Therefore, it cannot be held that materials were not before the ITO when he made the original assessment. From this, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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