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2010 (1) TMI 900 - AT - Income TaxPower of Commissioner of Income Tax under section 263 of the Income Tax Act - sale and purchase of shares - revenue or capital nature - capital gain or business profit - held that:- Considering the totality of the facts of the case, respectfully following the decision of the Tribunal in assessee's own case for A.Y. 2002-03 and 2003-04 and further considering the fact that the order of the Assessing Officer is passed on the basis of the decision of the Tribunal for A.Y. 2002-03, we are of the considered opinion that under the facts and circumstances of this case, the CIT was not justified in assuming the jurisdiction u/s. 263 of the Act.
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