the Assessee (KSSPL) agreed to sell and KCPL agreed to purchase Kochi terminal owned by KSSPL Acording to AOthe sale consideration received or accrued on transfer was Rs. 25,50,00,000 (Sale consideration as per sale deed) , however acording to assessessthe sum of Rs. 5 Crores retained by KCPL was never paid to the Assessee because the Assessee could not get waiver of MGT from Cochin Port Trust. Therefore, the sum of Rs. 5 crores should not be treated as part of the full consideration received on transfer. A reading of clause 3.1 of the Agreement dated 16.3.2007 shows that the lump sum consideration for the slum sale agreed between the parties was Rs. 25.50 crores. The condition precedent for transfer of the Kochi Terminal Undertaking as a going concern by the Assessee to KCPL is set out in clause 2 of the Agreement. Clause 2.1 lays down that the Assessee shall pay off all its outstanding dues to Cochin Port Trust (CPT) and obtain “No due certificate” from CPT for smooth operation of Kochi Terminal undertaking by KCPL. A reading of clause 3.2 of the Agreement dated 16.3.2007 in particular clause 3.4 would show that if on or before 31st December, 2007 if the Assessee does not get waiver of MGT from CPT then the Assessee will not be in a position to claim the sum equivalent to the amount due as MGT to CPT limited to a sum of Rs. 5 Crores. We are therefore of the view that the issue should be remanded to the AO for consideration afresh on these aspects with a direction to the AO to exercise his powers under the Act, on specific request from the Assessee on the information required and the party from whom it is required, to establish itscasethat a sum of Rs. 5 Crores or such other lesser sum was in fact not receivable by the Assessee as per the terms of the Agreement dated 16.3.2007. With the aforesaid observations, the appeal of the Assessee is treated as allowed for statistical purpos