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Issues involved: Application u/s 256(2) of the Income-tax Act, 1961 seeking a direction to the Income-tax Appellate Tribunal to refer a question regarding the nature of a transaction for the assessment year 1992-93.
Summary: The High Court of Delhi dismissed the application under section 256(2) of the Income-tax Act, 1961, where the Revenue sought a direction to refer a question regarding the nature of a transaction for the assessment year 1992-93. The question raised was whether the Income-tax Appellate Tribunal was justified in holding that the assessee did not enter into any adventure in the nature of trade, resulting in capital gains and exemption under section 54E of the Income-tax Act. The court found that the question proposed was not fit for reference as the determination of whether a transaction constitutes an adventure in the nature of trade involves a mixed question of law and fact. The expression "adventure in the nature of trade" requires certain elements to invest it with the character of trade or business, and this determination must consider the cumulative effect of all relevant facts presented. In the case at hand, the Tribunal concluded that the assessee's agreement with a builder to construct multi-storeyed residential units on a plot of land where a single-storeyed house had existed did not amount to an adventure in the nature of trade. The Tribunal's decision was based on the finding that the transaction was for the realization of a capital asset, considering factors such as the assessee's intention at the time of purchase, contemporaneous conduct, and specific circumstances. The Revenue did not challenge these facts in the proposed question, leading to the dismissal of the petition seeking reference to the High Court.
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