TMI Blog2016 (7) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... nd A. K. Menon, JJ. Mr. A. R. Malhotra a/w N. A. Kazi for the Appellant None for the Respondent ORDER P. C. 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) challenges the order dated 30th January, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2009-10. 2. The Revenue has urged the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing as short term capital gain the profits earned on share transactions. During the course of assessment proceedings, the respondent-assessee revised its computation of income (without having filed Revised Return of Income) contending that the profit/loss on account of dealing in shares would be classifiable as business income and not as short term capital gain/loss. The Assessing Officer did not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ltd. 349 ITR 336 wherein the claim of the assessee without filing a Revised Return of Income was allowed as in any event the issue had been raised before the Appellate Authorities. 7. We find that the impugned order of the Tribunal has followed the decision of this Court in Pruthvi Brokers and Shareholders Pvt. Ltd. (supra). Mr. Malhotra, the learned counsel, appearing for the Revenue is unab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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