Held that the Assessee-company engaged in the business of exhibiting films in a cinema hall handed over the land owned by it to the developer for the purpose of construction of a commercial complex in place of the cinema hall which did not tantamount to conversion of capital asset into stock-in-trade, more so as the constructed shops received by the assessee in the new commercial complex have been consistently shown under the head ‘Investment’ and, therefore, provisions of s. 45(2) are not applicable. Order of CIT(A) is affirmed. (AY.2008-09,  2009-10)