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TMI Blog2013 (9) TMI 1124X X X X Extracts X X X X X X X X Extracts X X X X ..... - - Dated:- 2-9-2013 - MR. JUSTICE R.M. LODHA AND MR. JUSTICE MADAN B. LOKUR For the Appellant : Mr. R.F. Nariman, Sr. Adv., Mr. Satyen Sethi, Adv., Mr. Arta Trana Panda, Adv., Mr. Aarohi Bhalla, Adv., Mr. Rameshwar Prasad Goyal,Adv., Mr. Arijit Prasad, Adv., Mrs.Anil Katiyar, Adv., Mr. C.A. Sundaram, Sr. Adv., Mr. Ajay Vohra, Adv., Ms. Kavita Jha, Adv. For THE Respondent: Mr. Arijit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crores. Learned senior counsel submits that the assessee has already paid tax in the sum of ₹ 9 crores treating the disputed income as business income based on closing stock in trade. Mr. Arijit Prasad, learned counsel for the Revenue, in response submits that the above facts can only be verified by the authorities. Be that as it may, on careful consideration of all relevant aspects, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tle different from the facts of Civil Appeal NO. 727 of 2013, Civil Appeal NO. 2937- 2943 of 2013, Civil Appeal NO. 5221 of 2013 and Civil Appeal NO. 5328 of 2013. Having regard to all relevant aspects of the matter and the peculiar facts of the case, after hearing learned senior counsel for the assessee and learned counsel for the Revenue, we are satisfied that interest of justice shall be sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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