https://www.taxtmi.com/caselaws?id=38796 Where a transaction's character as an adventure in the nature of trade depends on the total effect of relevant facts, the issue cannot be conclusively answered if the Tribunal has not considered all primary material; the matter must be remitted for fresh decision on a complete factual record, including alternative pleas on revenue receipts and capital gains. In contrast, profit on transfer of plant and machinery under section 10(2)(vii) was held taxable on the governing principle stated in Commissioner of Income-tax v. B. M. Kharwar, and the contrary Tribunal view could not stand. en-us Fri, 04 Jul 1975 00:00:00 +0530 Fri, 09 Apr 2010 11:08:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=38796 Where a transaction's character as an adventure in the nature of trade depends on the total effect of relevant facts, the issue cannot be conclusively answered if the Tribunal has not considered all primary material; the matter must be remitted for fresh decision on a complete factual record, including alternative pleas on revenue receipts and capital gains. In contrast, profit on transfer of plant and machinery under section 10(2)(vii) was held taxable on the governing principle stated in Commissioner of Income-tax v. B. M. Kharwar, and the contrary Tribunal view could not stand. Case-Laws Income Tax Fri, 04 Jul 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=38796