Dismissing the SLP of the Revenue the Court held that finding that transaction was a solitary transaction and no development activity was made, was in consonance with facts recorded by Assessing Officer. Only difference was that Assessing Officer had taken a view that for any purchase or sale of a land, assessee was liable to pay capital gains tax and Commissioner had taken a different view. High Court held that merely because two plausible views were available and Assessing Officer had taken one view, jurisdiction under section 263 could not have been exercised, revision order is set aside. SLP filed by revenue against order passed by High Court is dismissed.(AY. 2008-09)
CIT v. Embassy Brindavan Developers (2025) 302 Taxman 362 (SC) Editorial : Embassy Brindavan Developers v.CIT (2023) 291 Taxman 188/ 457 ITR 234 (Karn)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital asset-Solitary transaction-Sold without development-Assessing Officer accepted the claim as capital gains-Two plausible view-Order of High Court quashing the revision order is affirmed.[S. 2(14), 45, Art. 136]