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2015 (7) TMI 779 - ITAT DELHISale of shares - assessee has sold shares purchased in ‘Stock Option Plan’- whether the transaction is to be treated as in the nature of long term capital gain or short term capital gain - Held that:- Assessee has filed his evidences before the revenue authorities for substantiating his claim before them and the revenue authorities has also gave their opinion which remained under appeal before the Tribunal, Hon’ble High Court and the Hon’ble Supreme Court of India. Finally, the Hon’ble Supreme Court of India has directed the Tribunal to decide the matter on facts as well as on merit without influence by the observations made by the Hon’ble High Court. We have thoroughly examine the issue in dispute alongwith finding given by the revenue authorities and we find that the issue in dispute require detailed examination at the level of the Assessing Officer. Therefore, in the interest of justice, the issue in dispute is remitted back to the file of the AO with the direction to examine the issue in dispute de novo, after giving full opportunity to the assessee of being heard. Appeal filed by the Revenue stands allowed for statistical purposes.
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