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2018 (12) TMI 1332

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.... appeal under Section 260 A of the Income Tax Act, 1961 (Act), challenges the order dated 3.3.2015 passed by the Income Tax Appellate Tribunal, Mumbai Benches H", Mumbai ("the Tribunal" for short). This appeal relates to the Assessment Year 2008-09. 2. The Revenue has urged following reframed questions of law for our consideration: "(a) Whether on the facts and in the circumstances of the case a....

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....enue, the appeal of the Revenue from the earlier order dated 1st May 2013 of the Tribunal for the assessment years 2007-08 and 2008-09 has been admitted on 7th March, 2016 by this Court being Income Tax Appeal Nos. 2313 and 2290 of 2013 (CIT V/s. Hardik Patel). Therefore, this appeal also requires consideration. It is the further case of the Revenue that the amount invested in shares were out of ....

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....nty in the matter of taxibility, as long term capital gains or business income - the assess has an option to treat the income from sale of listed shares and securities as income arising under the head 'Long Term Capital Gains', them the same shall be accepted by the assessing officer. However, the stand once taken by the assessee would not be subject to change and consistently the income o....