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Whether the shares held by the appellant having been converted into stock-in-trade, the value of the closing stock at the end of the year was required to be valued at the cost to the business at the time of conversion (i.e.the market value at the time of conversion) or cost of acquisition or net realizable value whichever is less?

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Sec. 45 of the Income-tax Act, 1961 – Capital gain – The Supreme Court in Groz-Beckert Saboo Ltd., held that where an assessee converts his capital assets into stock-in-trade and starts dealing with them, the taxable profit on the sale must be determined by deducting on sale proceeds and the market value at the time of their conversion into stock-in-trade. CIT (A) and the ITAT did not examine the aforesaid aspect of the matter. Thus, the orders passed by the AO as well as CIT (A) and the ITAT set aide remitting the matter to the AO to decide afresh – DEEPA S. PAI Vs. DY. CIT [2020] 270 TAXMAN 148 (KARN)

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