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R.L.SANGANI, B.M.KOTHARI
Income-tax Officer – Appellant
Versus
Smt. Kashmiraben M. Parikh – Respondent
B.M. Kothari, A.M. - Revenue has raised the following grounds in its appeal :
"1. The learned CIT(A) has erred in law and on facts in holding that an amount of Rs. 16,675 is long-term capital gain arising on account of sale of property.
2. The CIT(A) ought to have held that as the assessee never claimed the amount of Rs. 16,675 as long-term capital as also in the statement of income the assessee has offered the amount of Rs. 16,175 as "Profit on sale of Flat" the assessee has no right to file appeal.
2. The learned Departmental Representative contended that the assessee did not raise any claim before the Assessing Authority that the capital gain derived by the assessee on the sale of flat is long-term capital gain. In view of the judgment of Hon’ble Supreme Court in Addl. CIT v. Gurjargravures P. Ltd. [1978] CTR (SC) 1 : [1978]
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