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TMI Blog2010 (2) TMI 861X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. This miscellaneous application has been filed by the assessee against the order of this Tribunal in ITA Nos. 2147/Del/2003, 3185/Del/2008 and 2101/Del/2003 for the asst. yr. 1999-2000 dt. 8th May, 2009. In the present miscellaneous application, the assessee has pointed out that at p. 21 of the order, the para has been marked as 11 whereas the para should be marked as 11A insofar as par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. It was the submission that the direction as given in the order in para 11 which is to be read as para HA more specifically at p. 21 of the order, in relation to the short-term capital asset, the short-term capital gain levy was unworkable and this was standing in the way of giving effect to the order of this Tribunal. It was the submission that as the computation of capital gain itself was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the appeal by the Revenue before the Hon'ble High Court. 2. In reply the learned Departmental Representative vehemently supported the order of the Tribunal. It was the submission that there was no error in para 11 to be read as para 11A at p. 21 of the order of this Tribunal except for the numbering of the para. 3. We have considered the rival submissions. We have also perused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de marks. However, it is noticed that as per the decision of Hon'ble Supreme Court in the case of B.C. Srinivasa Setty referred to supra if the cost itself is indeterminable then the calculation of the capital gains itself would fall whether it is short-term or long-term. This Tribunal has in its order followed the decision of the Hon'ble Supreme Court in the case of B.C. Srinivasa Setty referred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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