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2016 (3) TMI 1403 - AT - Income TaxCorrect head of income - Gain on sale of shares - Business Income or Long term Capital Gain - AO brought the amount of sale consideration of plot to tax in the hands of the assessee societies again under the head “Profit & Gains of Business profession” - CIT(A) upheld the action of the Assessing Officer following the orders of his predecessor, passed in assessee’s case in the first round of litigation - HELD THAT:- Respectfully following the order passed by the co-ordinate bench of Mumbai Tribunal in [2011 (1) TMI 1564 - ITAT MUMBAI] we restore the issue to the file of the Assessing Officer for deciding the same afresh as per the direction given by the tribunal. In the result, appeal of the assessee for the A.Y. 1995-96 is allowed for statistical purpose.
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