2016 (5) TMI 336

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....ribunal for short, made in I. T. A. No. 333(Asr)/2010, dated April 11, 2012, I. T. A. Nos. 317, 318, 319 and 320(Asr) of 2012 dated September 27, 2012 respectively. 3. In I. T. A. No. 129 of 2012 the Tribunal allowed the appeals preferred by the respondent, which were filed against the orders of the Commissioner of Income-tax (Appeals), Bathinda dated May 18, 2010 for the assessment year 2006-07. The contention of the respondent before the Tribunal was that the assessing authority as well as the appellate authority were not justified in treating the short-term capital gain of Rs. 1,80,75,100 as income from business and levying the tax at 30 per cent. instead of 10 per cent. on the ground that the assessee is engaged in the business of gene....

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...., first paper book in volume 1 containing 518 pages and another paper book containing pages 519 to 615 pages. 5. The Tribunal by applying the Circular No. 4 of 2007, dated June 15, 2007 (see [2007] 291 ITR (St.) 384 ), accepted the plea of the assessee and relying upon the judgment of the hon'ble Supreme Court in CIT v. Oswal Agro Mills Ltd. reported in [2009] 313 ITR 24 (SC) allowed the appeal by giving a factual finding that the assessee has declared purchases/holding of shares as investment for the past several years and surplus has been claimed as capital gains before the assessing authority and said facts are evident from the reply of the assessee dated November 21, 2008 and the appellate authority also has mentioned about the cla....

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....cuments, which were not considered by the assessing authority as well as the appellate authority, the contention of the Revenue that the assessee is doing stock-in-trade and not investments cannot be accepted and no substantial question of law arises for determination in these Income-tax appeals. 6. Learned counsel appearing for the Revenue forcefully argued that the factual findings recorded by the Tribunal are without any basis and same can be interfered based on no evidence. We are unable to appreciate the said contention as the Tribunal has recorded reasons and on perusing meticulously the materials placed before it and recorded the factual findings. 7. The judgment of the Bombay High Court reported in CIT v. Gopal Purohit [2011] 336 ....