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2012 (8) TMI 297 - ITAT, AHMEDABADNature of transaction relating to sale of land - AO's treated the profit on sale of land as income from business as against capital gain claimed by assessee - Held that:- The issue as to whether the transaction relating to sale of land and profit from which was declared as capital gain was a business transaction or sale of capital asset has not been decided by the CIT(A), thus the ground raised by the Revenue does not arise out of the order of the CIT(A) because the CIT(A) having deleted the addition, the profit to the extent, as was declared by the assessee, stands assessed as business income - now the Revenue wants to overcome its own mistake through this miscellaneous petition, so that the impugned quantum addition can also be challenged but the law do not permit such an attempt. The jurisdiction as prescribed u/s.254(2) is limited to the extent to rectify a mistake which is apparent in the order of the Tribunal.
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