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2013 (10) TMI 199 - BOMBAY HIGH COURTIncome from sale of land - income under the head long term capital gains or business income – Held that:- Similar issue for earlier assessment year 2003-04 the income earned from the sale of land has been assessed to capital gain. The revenue has accepted the order of the Assessing Officer for assessment year 2003-04. The Tribunal by impugned order while applying rule of consistency held that it is not permissible for the revenue to agitate the same issue when in the earlier assessment year 2003-04 the same being taxable as capital gains has been accepted by the revenue – Decided against the Revenue.
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