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2020 (3) TMI 607 - HC - Income TaxRectification of mistake u/s 254 - Profit from sale of shares - assessee had shown long term and short term capital gains on sale of shares, which were earlier, held as stock-in-trade - Business income u/s.41(l) - difference between the book value of shares held as stock-in-trade as on 31.03.2002 and the cost thereof at which the same were converted into investments on 1.4.2002 - HELD THAT:- HELD THAT:- We find that while passing the order dated 30.05.2018 [2018 (5) TMI 1977 - ITAT MUMBAI] Tribunal had dismissed the appeal of the petitioner for the assessment year 2006- 07. There was omission to deal with the appeal of the petitioner for the assessment year 2003-04 [2018 (5) TMI 1977 - ITAT MUMBAI] That being the position and on due consideration, we interfere with the impugned order [2019 (4) TMI 1842 - ITAT MUMBAI] passed by the Tribunal to the effect that order. [2018 (5) TMI 1977 - ITAT MUMBAI] would stand recalled qua both the grounds
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