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The appeal of the assessee is allowed
Bench: The Due Date Of Furnishing Itr, Therefore Deposit In Capital Gain Account For Compliance U/S 54(2) Was Impossible On The Part Of The Assessee.
capital gain offered by the assessee is based on the wrong appreciation of the facts and therefore, the same cannot be denied because the assessee has given post dated cheque for investment and the same is filed along 32 Indira Giri vs. ITO with paper book which has not been disputed by the Revenue. The assessee has produced the copy