TMI Blog2010 (7) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... R PER SMT. P. MADHAVI DEVI : This appeal is filed by the assessee for the Assessment Year is 2004- 05. The appeal was initially heard on 17.11.2009 disposing off the appeal. As regards Ground No.3, it was held that the assessee has not pressed the said ground of appeal. Subsequently, the assessee filed a Misc. Petition seeking rectification of certain mistakes apparent from the record in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount should not have been treated as capital gains but should have been considered as capital receipt. The CIT(A) observed that the assessee has voluntarily shown the amount as capital gains and also claimed loss of ₹ 5,17,69,775 in the computation of income and the Assessing Officer has allowed the said computation of income and therefore the assessee s ground is not justified and the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the income so disclosed, the assessee is required to make a self-assessment and to compute the tax payable on such income and to pay the same in the manner provided by the Act and this amounts to an admission of tax liability. Thus, according to the learned DR, the assessee s return being an admission of tax liability which has been accepted by the Assessing Officer, there cannot be any grievance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;ble Supreme Court in the case of Oberoi Hotel Pvt. Ltd. (supra) is on the issue of the nature of receipt, but considering the same would come only if we hold that the assessee had any grievance against the order of the Assessing Officer. We have already held that the assessee cannot have any grievance against accepting his return of income. In the result the appeal of the Assessee is dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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