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2019 (5) TMI 1703 - AT - Income TaxShort term capital gains - claim of expenditure incurred in leveling of the plot or otherwise relevant for the purpose of computation of short term capital gain - HELD THAT:- Revenue could not point out any difference in facts in the present year as compared to A. Ys. 2007-08, 2008-09 & 2010-11 [2018 (3) TMI 1823 - ITAT BANGALORE] or which the tribunal order is made available by the learned AR of the assessee. Hence, we find no reason to take a contrary view in the present year. Hence, on the same line, in the present year also, we set aside the order of CIT (A) and restore the matter back to the AO for fresh decision with the same directions as were given by the tribunal in the case of the present assessee in its order for A. Ys. 2007-08, 2008-09 & 2010-11 and in the case of the co owner. We find that the direction was this that the AO should reexamine the claim of expenditure incurred in leveling of the plot or otherwise relevant for the purpose of computation of short term capital gain. In the present year also, we give the same directions to the AO.
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