2013 (8) TMI 939

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....red by the revenue with the proposed following questions of law:- "(i) Whether the ITAT was justified in upholding the order of the learned CIT(A) in deleting the additions of Rs. 1,00,000/- in the case of Shri Bharat Gautambhai Patel and Rs. 10,10,000/- in the case of Shri Jigar A. Patel, made by the AO under Section 68 without appreciating the fact that the assessee was unable to establ....

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....8,176/- as income from long term capital gain instead of business income without appreciating the fact that the assessee was found to have been regularly engaged in the business of sale/purchase of lands, plots of lands and other immovable properties?" Now so far as question no. 1 is concerned, considering the specific finding given by the CIT(A) as well as the ITAT that the amount of Rs. 10,10....