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Issues involved: Appeal against order of CIT(A) directing treatment of income from share transactions as LTCG instead of business income, deletion of addition of expenses related to exempt income u/s 14A of the Act, and challenge to CIT(A)'s decision upholding the assessment order of the Assessing Officer.
Issue 1 - Treatment of income from share transactions: The revenue appealed against the CIT(A)'s order directing the Assessing Officer to treat the income from share transactions as Long Term Capital Gain (LTCG) instead of business income. The revenue contended that the CIT(A) erred in law and on facts. The Tribunal noted that the issue had been previously decided in favor of the assessee in a prior year's Tribunal Order. After considering the submissions and the previous decision, the Tribunal declined to interfere in the CIT(A)'s order, as no differences in facts were pointed out for the current year compared to the previous assessment year. Therefore, ground No.1 was rejected. Issue 2 - Deletion of expenses related to exempt income: The revenue challenged the deletion of an addition of expenses amounting to Rs. 7,22,711 related to exempt income under section 14A of the Act. The Assessing Officer had disallowed expenses based on Rule 8D of the Income Tax Rules, 1962. The Tribunal observed that no disallowance could exceed the expenses debited in the profit & loss account. As the assessee had already disallowed certain expenses in the computation of income, and the remaining expenses were confirmed by the CIT(A), the Tribunal found no grounds to interfere with the CIT(A)'s decision. Therefore, ground No.2 was also rejected. In conclusion, the appeal of the revenue was dismissed, and the Tribunal upheld the orders of the CIT(A) for the assessment year 2009-2010.
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