Accordingly, the same is dismissed
gain arising to an assessee under section 50 on a depreciable asset is liable to be excluded from calculation of deemed profits under section 115JA - Held, yes.” (i)In ITO v. Suraj Jewellery (India) Ltd. [2008] 21 SOT 79 (Mum.), Mumbai Tribunal again held that capital receipts which do not constitute income under the Act cannot be brought