ACIT, New Delhi vs. Vivita Relan, New Delhi
In the result, whereas the appeal of the assessee is allowed, Revenue’s appeal is dismissed
ITA 6481/DEL/2016[2013-14]Status: DisposedITAT Delhi22 Mar 2019AY 2013-14
Bench: Shri Prashant Maharishi & Shri K.Narasimha Charyassessment Year: 2013-14 Asstt. Commissioner Of Income- Vs Vivitarelan, Tax, Circle -54(1), New Delhi. C-121, Defence Colony, New Delhi. Pan: Ajcpr2578R & Assessment Year: 2013-14 Vs Asstt. Commissioner Of Income- Vivitarelan, C-121, Defence Colony, Tax, Circle -54(1), New Delhi. New Delhi. Pan: Ajcpr2578R (Appellant) (Respondent)
For Appellant: Shri Sandeep Sapra, AdvocateFor Respondent: Shri N.K. Bansal, Sr. DR
Section 14A
…rder dated 23.8.18 in ITA No.4106/Del/2015. In identical factual matrix, a coordinate bench of this tribunal in the light of the decision of the Hon’ble jurisdictional High Court in the case of CIT vs Avinash Jai, 362 ITR 441 (Del) and CIT vs CNB Finwiz Ltd., 369 ITR 228 (Del) held that the law on this aspect is fairly settled and in the facts and circumstances of the case, learned CIT(A) was right in directing the AO to treat the impugned receipt as income from capital gains and not as business income. In view of the consistent view on this aspect i.e. the view taken by the ld. CIT(A) for all the Asstt. Years 20…