Objective characteristics and principal use govern mining-tyre classification, while fresh advance ruling applications may rely on additional technica...
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Short term capital gain arising on transfer of premises - appellant transferred the building premises used for business - the sale consideration can only be treated as transfer of lease hold rights in the land and building. Therefore, it will be assessed under the head ‘Income from capital gains’ and AO has assessed the same by following the provisions of capital gains - Not to be taxed as business income - AT
Short term capital gain arising on transfer of premises - appellant transferred the building premises used for business - the sale consideration can only be treated as transfer of lease hold rights in the land and building. Therefore, it will be assessed under the head ‘Income from capital gains’ and AO has assessed the same by following the provisions of capital gains - Not to be taxed as business income - AT
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