Assessee is a real estate development firm, had sold part of land on which shops were constructed and had offered gain on sale of land as Long Term Capital Gain. Assessing Officer in assessment proceedings re-characterized capital gain as business income and made addition under head income from business and profession. CIT(A) accepted the contention of assesseee. On appeal the Tribunal affirmed the order of the CIT(A). (AY. 2015-16)
ACIT v. Ambey Associates. (2025) 212 ITD 62 (Dehradun) (Trib.)
S. 45 : Capital gains-Business income-Sale of land-Part of property-No change in nature-Assessable as capital gains and not as business income. [S.28(i)]
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