9911796707
TMI Blog2008 (9) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal against the order of the Tribunal dated February 6, 2008, by formulating a question of law to the effect that whether on the facts and circumstances of the case, the Tribunal was right in not considering the specific ground raised by the Revenue on the issue of treatment of consideration received for sale of shares classified as current investments, whether as business income or capital gai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment and not as stock-in-trade, and the loss on the sale of the same shall be assessed as capital loss. (iii) The Revenue, being aggrieved by the order of the Commissioner of Income-tax (Appeals), filed an appeal before the Income-tax Appellate Tribunal. The Tribunal, by the order impugned has decided the issue in favour of the assessee." 3. One of the grounds on which the present appeal is file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has to do the very same exercise. Instead, the Revenue could have approached the Tribunal pointing out the mistake in not considering the specific ground raised by the Revenue and obtained an order by way of rectification, which process has not been done in this case, even though the order of the Tribunal was made on February 6, 2008. 6. For the above reasons, we dismiss the appeal by observing t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
