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    <title>Tribunal Bars Reopening of Assessment on Opinion Change; Upholds STCG Classification for Share Sales.</title>
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    <description>The case pertains to the validity of reopening of assessment by the Assessing Officer (AO) and the characterization of short-term capital gains (STCG) from the sale of shares as business income. Regarding reopening, the Tribunal held that the AO cannot reopen the assessment based on a change of opinion, as the Audit Party did not bring out any new facts that were not disclosed during the original assessment. The AO&#039;s omissions, if any, could have been addressed by the Principal Commissioner u/s 263, not through reopening u/s 147. Concerning the STCG issue, the Tribunal concurred with the CIT(A)&#039;s findings that the AO failed to provide adequate analysis and details to treat the income from the sale of a single scrip (United Spirits) as busin.....</description>
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    <pubDate>Tue, 17 Sep 2024 08:37:06 +0530</pubDate>
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      <title>Tribunal Bars Reopening of Assessment on Opinion Change; Upholds STCG Classification for Share Sales.</title>
      <link>https://www.taxtmi.com/highlights?id=81418</link>
      <description>The case pertains to the validity of reopening of assessment by the Assessing Officer (AO) and the characterization of short-term capital gains (STCG) from the sale of shares as business income. Regarding reopening, the Tribunal held that the AO cannot reopen the assessment based on a change of opinion, as the Audit Party did not bring out any new facts that were not disclosed during the original assessment. The AO&#039;s omissions, if any, could have been addressed by the Principal Commissioner u/s 263, not through reopening u/s 147. Concerning the STCG issue, the Tribunal concurred with the CIT(A)&#039;s findings that the AO failed to provide adequate analysis and details to treat the income from the sale of a single scrip (United Spirits) as busin.....</description>
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      <pubDate>Tue, 17 Sep 2024 08:37:06 +0530</pubDate>
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