2013 (10) TMI 199

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..... en raised for our consideration.      (a) Whether on the facts and in the circumstances of the case and in law the Tribunal was right in directing the Assessing officer to recompute the dis-allowance u/s.14A on a reasonable basis relying on the judgment of Bombay High Court in the case of Godrej & Boyce Manufacturing Company Ltd. v. DCIT [2010] 328 ITR 81 (Bom.) despite the fa .....

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..... developed in a planned and systematic manner, the transaction of sale of land partake character of business income?    (d) Whether on the facts and in the circumstances of the case and in law the Tribunal was correct in holding that the income from sale of land to be in nature of income under the head long term capital gains, even though the transaction of sale is at least adventure in .....

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..... year 2003-04. The Tribunal by impugned order while applying rule of consistency held that it is not permissible for the revenue to agitate the same issue when in the earlier assessment year 2003-04 the same being taxable as capital gains has been accepted by the revenue. In that view of the matter, we see no reason to entertain the questions (c) and (d). 4. Accordingly, the appeal is dismissed. .....

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