2013 (8) TMI 1003

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....E M.R. SHAH) 1. The present Tax Appeal has been preferred by the appellant-revenue challenging the impugned judgment and order dated 15/05/2012 passed by the Income Tax Appellate tribunal in ITA No.937/AHD/2009 for the Assessment Year 2005-06. 2. With respect to the Assessment Year 2005-06, the assessee filed the return of the income showing the total taxable income at Rs. 19,71,150/-. At th....

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....rm capital gain as trading receipts. Being aggrieved and dissatisfied with the order passed by the CIT(A) in deleting the aforesaid additions, the revenue preferred appeal before the Income Tax Appellate Tribunal and by impugned judgment and order, the Income Tax Appellate Tribunal has dismissed the said appeal confirming the order passed by the CIT(A). Being aggrieved and dissatisfied with the im....

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....ion, no error and/or illegality has been committed by the CIT(A) as well as Income Tax Appellate Tribunal in deleting the additions made by the Assessing Officer and treating it as business income for the purpose of short term capital gain and long term capital gain. It is not disputed by Ms. Sheth, learned Counsel appearing on behalf of the appellant that with respect to the Assessment Year 2004-....