https://www.taxtmi.com/caselaws?id=175022 Under the Income-tax Act, 1922, the Appellate Assistant Commissioner's appellate power on an assessee's appeal was not confined to the precise items challenged and could extend to enhancement, even after remand, so long as it did not introduce a wholly new source of income outside the assessment proceedings. The court also distinguished capital realisations from business income: sale proceeds from fruit-shop buildings were capital receipts, and the proceeds from vacant plots were likewise capital because the land was not acquired or dealt with as stock-in-trade or as an adventure in the nature of trade. The decisive factors were the intention at acquisition and the character of the dealings. en-us Tue, 15 Apr 1952 00:00:00 +0530 Tue, 03 Nov 2015 13:13:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175022 Under the Income-tax Act, 1922, the Appellate Assistant Commissioner's appellate power on an assessee's appeal was not confined to the precise items challenged and could extend to enhancement, even after remand, so long as it did not introduce a wholly new source of income outside the assessment proceedings. The court also distinguished capital realisations from business income: sale proceeds from fruit-shop buildings were capital receipts, and the proceeds from vacant plots were likewise capital because the land was not acquired or dealt with as stock-in-trade or as an adventure in the nature of trade. The decisive factors were the intention at acquisition and the character of the dealings. Case-Laws Income Tax Tue, 15 Apr 1952 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175022