2011 (5) TMI 1152 - AT - Income Tax

Tribunal Upholds Long-Term Capital Gain Classification for 2007-08, Dismissing Department's Appeal on Income Type.

The ITAT Kolkata dismissed the Department's appeal against CIT(A)'s order, which classified the income as long-term capital gain rather than business ... - Issues involved: Appeal against CIT(A)'s order treating income as long term capital gain instead of income from business for assessment year 2007-08.The Appellate Tribunal ITAT Kolkata, in the case for assessment year 2007-08, addressed the appeal filed by the Department against the order of CIT(A)- XII, Kolkata. The Department contested the treatment of income as long term capital gain instead of income from business. Both parties acknowledged that the issue had been previously addressed in the assessee's own case for assessment year 2005-06 by ITAT Kolkata. The Tribunal noted that CIT(A) had followed the Tribunal's order in the assessee's previous case and directed the Assessing Officer to treat the income as long term capital gain. Consequently, the Tribunal upheld CIT(A)'s decision, finding no fault in the treatment of income. As a result, the revenue's appeal was dismissed, and the order was pronounced on 11.05.2011.