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K.C. Kaushik vs P.B. Rane, Fifth Income-Tax Officer, ... on 2 April, 1990

(a) A decision of the Bombay High Court in K.C. Kaushik v. P.B. Rane, ITO & Ors. (1990) 185 ITR 499 (Born) was cited for the proposition that, in absence of any provisions to the contrary, the assessee was entitled to avail of the capital gain against any one of the two flats in respect of which the assessee had chosen to seek relief. In that case the assessee had purchased a flat in 1979 and another flat in 1980 and had chosen to seek relief against the flat purchased in 1980. It was held that it was for the assessee to claim relief under section 54(1) against the purchase of any one of these flats.
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