IN THE HIGH COURT OF DELHI AT NEW DELHI 
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         ITA 766/2007  
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 ARUN MALIK                          ..... Appellant 
 Through :       Mr. Prakash Kumar, Advocate. 
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 versus 
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 COMMISSIONER OF INCOME TAX                         ..... Respondent 
 Through :       Mr. J.R. Goel, Advocate. 
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 CORAM: 
 HON'BLE MR. JUSTICE MADAN B. LOKUR 
 HON'BLE DR. JUSTICE S.MURALIDHAR 
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 O R D E R 
                                   13.08.2007 
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 CM NO. 10780/2007 
 Exemption allowed subject to all just exceptions. 
 CM stands disposed of accordingly. 
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 ITA No. 766/2007                                                        Page 1 
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 CM No. 10779/2007 
 Even though the application is extremely vaguely worded, we condone the 
 delay in refiling the appeal. 
 CM stands disposed of accordingly. 
 ITA No. 766/2007 
 The Assessee is aggrieved by an order dated 26th May, 2006 passed by the 
 Income Tax Appellate Tribunal, Delhi Bench 'A' in ITA Nos. 1202 and 1203 
 (Del.)/2001 for the assessment years 1995-96 and 1996-97. 
 The only contention urged by the learned counsel for the Assessee is that 
 while charging the tax on capital gains, the Revenue has not deducted the cost 
 of acquisition of those capital assets. 
 All the three authorities, namely the Assessing Officer, the 
 Commissioner, Income Tax (Appeals) as well as the Tribunal came to the 
 conclusion that the Assessee has not been able to show anything by way of 
 evidence that it had incurred some expenditure in the cost of acquisition. 
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 ITA No. 766/2007                                                        Page 2 
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 This is a pure finding of fact and we do not find any reason to disturb 
 it, particularly since no perversity has been brought to our notice. 
 No substantial question of law arises. 
 Dismissed. 
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 MADAN B. LOKUR,J 
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 S.MURALIDHAR, J 
 AUGUST    13, 2007 
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 ITA No. 766/2007                                                        Page 3 
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