2013 (11) TMI 1440

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....sent appeal has been filed under Section 260 (A) of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') against the order dated 21.10.2009 passed by the Income Tax Appellate Tribunal, Lucknow (hereinafter referred to as the 'Tribunal'). The Commissioner of Income Tax, Kanpur has proposed the following substantial question of law said to be arising out of the order of the Tribunal: - ....

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....of Income Tax (A) directing the Assessing Officer to treat the profit on sale of shares as capital gain instead of income from business as assessed by the Assessing Officer in order u/s 143(3)/147 of the Income Tax Act, 1961 ignoring the fact that the CIT(A) has followed the order of the ITAT in the case of Shri Atul Kanodia vide ITA No. 1284/Luc./06 dated 17.08.2007 ignoring the fact that the rev....