Second Leasing (P.) Ltd. v. ACIT (2018) 171 ITD 508 / 171 DTR 97 /196 TTJ 117(Delhi) (Trib.)

S.45: Capital gains- Business income- Share investment- All transactions were delivery based, income arising from such investment was to be treated as capital gain when all earlier years revenue assessed the gains as capital gains. [ S.28(i) ]

Allowing the appeal of the assessee the Tribunal held that ; All transactions were delivery based, income arising from such investment was to be treated as capital gains .Tribunal also held that when all earlier years revenue assessed the gains as capital gains for the relevant year the AO cannot take different view without showing reason for doing the same .( AY.2007 -08)