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2010 (10) TMI 847 - BOMBAY HIGH COURTDate of acquisition of the property - Held that:- It is the contention of the appellant that the appellant had held the property for a period of more than three years which is disputed by the revenue and since there is no finding as to the date of acquisition by any of the authorities below, it would be appropriate to remand the matter to the ITAT for the purpose of determining the actual date of acquisition of the property and then to decide the matter afresh. The learned Counsel for the parties also state that the matter back is remanded back the question as to whether the profit arising out of a sale was in the nature of business profit or the capital gain should also be decided afresh by the ITAT which was accepted.
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