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2012 (11) TMI 719 - HC - Income TaxBusiness loss or capital loss - Loss arising on redemption of units as business loss - held that:- Going by the decision of the Apex Court in G.Venkataswami Naidu & Co. V. Commissioner of Income-Tax [1958 (11) TMI 5 - SUPREME COURT] that ultimately the intention and the circumstances alone have to have a bearing on the question as to whether the transaction is only of investment or in the nature of trade, since the question as to whether the income earned as an income from investment or an income arising from a nature of adventure in the nature of trade has to rest on a finding of fact, particularly with reference to the intention of the party herein and the surrounding circumstances, in the absence of any such finding of the Tribunal, matter remanded back to tribunal.
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