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2011 (4) TMI 1442 - ITAT KOLKATA
Extract:
.......y the assessee is to be assessed as capital gain and not as business profit. Hence, we uphold the order of the ld. CIT(Appeals) and reject the ground of appeal taken by the Department. 10. In the result, the appeal of the Department as well as the Cross Objection of the assessee both are dismissed. Order pronounced in the Open Court On 08.04. 2011.