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Assessee has raised the ground that on the facts and circumstances of thecase, the Ld. CIT(A) failed to consider that capital gain cannot be computed when cost is absent.

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Sec. 48 of Income Tax Act, 1961—Capital gain- Where assessee was having substantial rights in property as tenant (sub-tenant) and it was not merely a licence holder, amount received on surrender of such tenancy/sub-tenancy rights would be taxable as capital gains. - YOGINI MOHIT SAHITA V/s ITO - [2020] 82 ITR (TRIB) 015 (ITAT-MUMBAI)