The Hon’ble Supreme Court dismissed the SLP filed by the Department on ground of limitation against the impugned order of the High Court in circumstances where assessee-company, dealing in real estate, had booked two office premises in a building which were subsequently sold before taking possession since the office premises were acquired by assessee with an intention to resell and not use, same could be treated as stock in trade and not as investment and thus, surplus was assessable as business income and not as capital gain. SLP of Revenue is dismissed as  delay of 752 days is not satisfactorily explained.  (AY. 1989-90)