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    <title>1964 (12) TMI 53 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Where an isolated purchase and later sale of land occurred outside the assessee&#039;s ordinary business, the revenue must prove a dominant intention to resell for it to constitute an adventure in the nature of trade; the Tribunal erred by relying on uncorroborated statements and ignoring material evidence, so the transaction was held a capital investment and proceeds were not taxable as trading income. Separately, receipts realised on March 18, 1949 were attributable to the prior year relevant to assessment year 1949-50, and an appellate body hearing an appeal for a later year lacks power to direct assessment of an earlier year. Both questions resolved for the assessee.</description>
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    <pubDate>Thu, 24 Dec 1964 00:00:00 +0530</pubDate>
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      <title>1964 (12) TMI 53 - ANDHRA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=183082</link>
      <description>Where an isolated purchase and later sale of land occurred outside the assessee&#039;s ordinary business, the revenue must prove a dominant intention to resell for it to constitute an adventure in the nature of trade; the Tribunal erred by relying on uncorroborated statements and ignoring material evidence, so the transaction was held a capital investment and proceeds were not taxable as trading income. Separately, receipts realised on March 18, 1949 were attributable to the prior year relevant to assessment year 1949-50, and an appellate body hearing an appeal for a later year lacks power to direct assessment of an earlier year. Both questions resolved for the assessee.</description>
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      <pubDate>Thu, 24 Dec 1964 00:00:00 +0530</pubDate>
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