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2018 (5) TMI 1435

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..... L KURESHI) 1. The petitioner has challenged notice of reopening dated 31.03.2017 to reopen the petitioner's assessment for the assessment year 2012-13. 2. Brief facts are as under. 4. The Assessing Officer issued impugned notice to reopen3. The petitioner is a private limited company and is engaged in the business of diamond cutting and polishing. For the assessment year 2012-13, the petitioner had filed the return of income, declaring total income of ₹ 21.77 lakhs (rounded off) on 29.09.2012. Such return was taken in scrutiny by the Assessing Officer who passed the order of assessment under section 143(3) of the the Income Tax Act, 1961 ('the Act' for short) on 31.03.2015 making additions of ₹ 63.24 lakhs .....

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..... s of ₹ 11,62,152/claimed by the assessee. The capital gain arises on the sale of industrial plot is tabulated here under: Description Cost of acquisition (Rs.) FY acquisition Indexed cost Sale considerati on Long term capital gain Industrial plot at Mangrol 43,246/- 91-92 (cost/199/7 85 1,70,594 11,63,423 992829 Accordingly, the long term capital gain of ₹ 9,92,829/is required to be brought to tax. I have, therefore, reason to believe that income of ₹ 9,92,829/has escaped assessment within the meaning .....

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..... details: Working of long term capital gain/lloss on sale of property Sale consideration Amount (Rs.) Sale consideration 1,163,423 1,163,423 Less: Indexed cost of acquisition Building 1,364,364 Land Value 43,246 Total cost ₹ 1,407,610 Index for 1991-92 199 Index for 2005-06 497 Index for 2011-12 785 .....

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