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2019 (5) TMI 1444 - AT - Income TaxRectification u/s 254 - Gain on sale of land - business income or long term capital gain - HELD THAT:- We found ambiguity in the order which nowhere clearly speaks about this fact that the gain arising out of selling of flat is liable to be assessed as business income or long term capital gain. Therefore, in the said circumstances, we are of the view that the issue is liable to be recalled and is liable to be decided afresh in the interest of justice. Accordingly, we recalled the issue for deciding the afresh. Accordingly, the present miscellaneous application is hereby allowed accordingly.
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