" The Tribunal then observed that since the assets were transferred to a company in which the partners of the assessee were interested, and the transfer was made for a consideration which was less than the market value, it was not open to the assessee to contend that the market value of the assets on January 1, 1939 should be taken into account; that the assessee was not entitled to reduce the capital gain by adopting the valuation of those assets which had a market quotation and in respect of assets which had no market quotation by adopting the sale price,; and that "if the goodwill of the business on January 1, 1939 was worth Rs. 8 lakhs its value on February 1, 1948 should be higher." The Tribunal recorded its conclusion that : "For the purpose of this appeal, it is enough to say that if the value of the assets in question was Rs. 46,40,279/ on 1 2 1948, it could not be higher than Rs. 51,40,802/ as on I. I 1939.