ARUN MALIK vs. COMMISSIONER OF INCOME TAX

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ITA - 767 / 2007HC Delhi13 August 20071 pages
For Petitioner: PRAKASH KUMAR

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13.08.

2007 . CM NO. 10782/2007 Exemption allowed subject to all just exceptions. CM stands disposed of accordingly. . . ITA No. 767/2007 Page 1 of 3 CM No. 10781/2007 Even though the application is extremely vaguely worded, we condone the delay in refiling the appeal. CM stands disposed of accordingly.

The Assessee is aggrieved by an order dated 26th May, 2006 passed by the Income Tax Appellate Tribunal, Delhi Bench 'A' in ITA Nos. 1202 and 1203 (Del.)/2001 for the assessment years 1995-96 and 1996-97. The only contention urged by the learned counsel for the Assessee is that while charging the tax on capital gains, the Revenue has not deducted the cost of acquisition of those capital assets.

All the three authorities, namely the Assessing Officer, the Commissioner, Income Tax (Appeals) as well as the Tribunal came to the conclusion that the Assessee has not been able to show anything by way of evidence that it had incurred some expenditure in the cost of acquisition. . ITA No. 767/2007 Page 2 of 3 This is a pure finding of fact and we do not find any reason to disturb it, particularly since no perversity has been brought to our notice.

No substantial question of law arises.

Dismissed. . . . MADAN B. LOKUR, J . . . S.MURALIDHAR, J AUGUST 13, 2007 sk . . . . . . . . . . . . . ITA No. 767/2007 Page 3 of 3

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