TMI Blog2019 (5) TMI 1444X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, in the said circumstances, we are of the view that the issue is liable to be recalled and is liable to be decided afresh in the interest of justice. Accordingly, we recalled the issue for deciding the afresh. Accordingly, the present miscellaneous application is hereby allowed accordingly. - M.A. No. 209/M/2019 (Arising out of ITA No.2411/Mum/2018) - - - Dated:- 24-5-2019 - S/S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the gain under the head business income . Accordingly, the AO is directed to compute the long term capital gains in respect of flat sold during the year under consideration. We direct accordingly. 3. The finding nowhere speaks about this fact that the gain arising out of selling the flat during the year is liable to be assessed as business of income or long term capital gain, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ks about this fact that the gain arising out of selling of flat is liable to be assessed as business income or long term capital gain. Therefore, in the said circumstances, we are of the view that the issue is liable to be recalled and is liable to be decided afresh in the interest of justice. Accordingly, we recalled the issue for deciding the afresh. Accordingly, the present miscellaneous applic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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