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    <title>REAL OCCUPATION OF ASSESSEE AND HIS ASSET IS IMPORTANT TO DECIDE ABOUT HEAD OF INCOME- an analysis in view of judgment of Delhi High Court.</title>
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    <description>Characterisation of an asset depends on the assessee&#039;s real occupation with the asset and the natural manner in which it is held: assets not held in the ordinary course of a trader&#039;s business are capital assets and gains on transfer are chargeable as capital gains. Accounting treatment may be relevant but cannot alter the legal nature of the asset; wrongful classification in books does not convert a capital asset into stock-in-trade where the assessee is not a trader in that item. The Assessing Officer may, however, rectify earlier wrongful business deductions that affect cost of improvement.</description>
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      <description>Characterisation of an asset depends on the assessee&#039;s real occupation with the asset and the natural manner in which it is held: assets not held in the ordinary course of a trader&#039;s business are capital assets and gains on transfer are chargeable as capital gains. Accounting treatment may be relevant but cannot alter the legal nature of the asset; wrongful classification in books does not convert a capital asset into stock-in-trade where the assessee is not a trader in that item. The Assessing Officer may, however, rectify earlier wrongful business deductions that affect cost of improvement.</description>
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