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Calcutta High Court

C.I.T vs Shri Vikash Behal on 3 September, 2010

Author: Kalyan Jyoti Sengupta

Bench: Kalyan Jyoti Sengupta

                                          ITAT No. 178 OF 2010
                                           GA No.2319 of 2010

                                 IN THE HIGH COURT AT CALCUTTA
                                SPECIAL JURISDICTION (INCOME TAX)
                                          ORIGINAL SIDE

                                    C.I.T., KOLKATA-XVII, KOLKATA

                                                Versus

                                          SHRI VIKASH BEHAL



  BEFORE:

  The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA

  The Hon'ble JUSTICE KANCHAN CHAKRABORTY

  Date : 3rd September, 2010.


            The Court :- The appeal is admitted on the following substantial question of law in
respect of the assessment year 2005-06;-
                i)         Whether the Learned Income Tax Appellate Tribunal, 'C' Bench, Kolkata
                           has erred in law in the facts and circumstances of the case in not
                           interfering with the order of the CIT(A) in treating the receipt of
                           Rs.15,25,000/- as long term capital gain and allowing exemption u/s.54EC
                           of the Act ?
                The appellant shall file requisite number of paper books within two months from
date.
                Let Notice-of-Appeal shall be served upon the respondents by the Department

concerned on usual course.

Accordingly the application is disposed of. All parties concerned are to act on a photostat signed copy of this order on the usual undertakings.

(KALYAN JYOTI SENGUPTA, J.) (KANCHAN CHAKRABORTY, J.) GH.