2019 (4) TMI 1318

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..... RDER P.C. : 1. These Appeals, arising out of the common background, are heard and would be disposed of by this common judgment. For convenience we may record facts from Income Tax Appeal No.264/17. 2. These Appeals filed by the Revenue to challenge the judgment of Income Tax Appellate Tribunal, relate to assessment year 2008­2009. Following question is presented for our consideration; "Wh .....

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..... und that in the earlier assessment years the assessee had consistently shown the receipts of sale of share as capital gain which the revenue had also accepted. 3. We do not find any error in view of tribunal. The tribunal had noted that in the earlier years the assessee had suffered loss. Therefore in the current year if the income was to be treated as business income, capital loss of the earlie .....

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