Puranjit Mukherjee, Kolkata vs. DCIT, Cir-26, Kolkata
In the result, the appeals filed by the assessee in ITA Nos
ITA 1358/KOL/2015[2009-2010]Status: DisposedITAT Kolkata23 May 2018AY 2009-2010
Bench: : Shri M. Balaganesh & Shri S.S.Viswanethra Ravia.Y 2009-10
For Appellant: Shri A.K. Gupta, FCA, ld.ARFor Respondent: Shri S. Dasgupta, Addl. CIT ( ld.DR)
Section 45(4)Section 55
…e ld. counsel for the assessee has contended that the said decision of the Hyderabad Bench of this Tribunal is distinguishable on facts. He has also relied on the subsequent decision of the Hyderabad Bench of this Tribunal in the case of ACIT –vs.- N. Prasad [153 ITD 257], wherein the assessee on his retirement as a partner from the partnership firm had received a surplus amount of Rs.25,00 000/- in addition to his capital account balance. The said amount was brought to tax by the 3 Puranjit Mukherjee . Assessing Officer in the hands of the assessee under the head “capital gains” being the amount received on tr…