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2013 (12) TMI 1421 - KARNATAKA HIGH COURTWhether question of law raised first time before Tribunal be entertained - Held that:- On transfer of flats by the assessee the AO treated the capital gain as short term whereas the CIT(A) treated it as long term term capital gain - The issue was of gain being either short term or long term - The Revenue neither before the Assessing Authority nor before the First Appellate Authority claimed it as business income - For the first time, before the Tribunal without any factual foundation, the said contention could not have been raised - The Tribunal is justified in declining to entertain the appeal on that ground - Decided against Revenue.
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