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    <title>2007 (11) TMI 450 - ITAT DELHI</title>
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    <description>Where immovable property was treated as stock-in-trade, the controversy concerned business income rather than capital gains, but accrual of income still depended on whether a genuine sale had occurred under the surrounding facts. The agreement, alleged cancellation, possession, conduct of the parties, related-party connection, accounting entries, and factual discrepancies were all relevant to test whether the transaction was real or whether cancellation was an afterthought. As the available material was insufficient to resolve those issues conclusively, the existing findings were set aside and the matter was remanded for fresh adjudication on a de novo factual examination.</description>
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    <pubDate>Fri, 16 Nov 2007 00:00:00 +0530</pubDate>
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      <title>2007 (11) TMI 450 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=120852</link>
      <description>Where immovable property was treated as stock-in-trade, the controversy concerned business income rather than capital gains, but accrual of income still depended on whether a genuine sale had occurred under the surrounding facts. The agreement, alleged cancellation, possession, conduct of the parties, related-party connection, accounting entries, and factual discrepancies were all relevant to test whether the transaction was real or whether cancellation was an afterthought. As the available material was insufficient to resolve those issues conclusively, the existing findings were set aside and the matter was remanded for fresh adjudication on a de novo factual examination.</description>
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      <pubDate>Fri, 16 Nov 2007 00:00:00 +0530</pubDate>
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