Spectra Shares & Scrips Pvt. Ltd, ... vs Assessee
28. Therefore, AO is duty bound to make the assessment in
accordance with the provisions of the Act including the provisions of
section 45(2) of the Act. Reliance is placed on the judgment of the
Bombay High Court in the case of Ciba of India Ltd vs CIT 202 ITR 1,
which was in fact decided in the context of ITAT's failure to issue
directions. The CIT(A) appreciated the claim of the assessee and upheld
the applicability of the provisions of section 45(2) of the Act, with which
we agree. Now, we shall take up the procedural issues connected to the
computation of the impugned capital gains and to examine if the CIT(A) is
justified in rejecting the benefits of section 45(2) of the Act.