Piyush M. Dobariya v. ITO (2025) 127 ITR 246 / 174 taxmann.com 1075 (Ahd.)(Trib.) Ajay Reghunhai Barwad v. ITO (2025) 127 ITR 246 / 174 taxmann.com 1075 (Ahd.)(Trib.)

S. 45 : Capital gains-Short-term capital gains-Business income-Sale of immovable property-Assessee held to be owner-Alternative finding of adventure in the nature of trade upheld. [S. 28(i), 45, S. 44AD, R. 46A]

The assessee contended that the properties were purchased only in his name on behalf of a company and that only brokerage income was taxable. The Tribunal held that the conveyance deeds established the assessee’s ownership and no satisfactory evidence was produced to show that he was merely a name lender or to substantiate the expenditure claimed. The profit on sale was rightly assessed as short-term capital gains. The alternative finding of the Commissioner (Appeals) that the transactions constituted an adventure in the nature of trade was also upheld. (AY. 2009-10 & 2010-11).

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