Dy Commissioner of Income Tax Circle 7 Pune, Pune vs. Kruti Lalitkumar Jain, Pune
In the result, the appeal filed by the Revenue is dismissed
ITA 1554/PUN/2024[2013-14]Status: DisposedITAT Pune19 Nov 2024AY 2013-14
Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14
For Appellant: Shri Nikhil PathakFor Respondent: Shri Ramnath P Murkunde
Section 142(1)Section 143(2)Section 54F
…individual can hold certain assets of the same class as an investment as well as stock in trade. For this proposition, the assessee places reliance on the following decisions 1. CIT v. Gopal Purohit [336 ITR 287 (Bom)] 2. CIT v. Yatish Trading Co. Pvt. Ltd. [359 ITR 320] 3. CIT v. Madan Gopal Radhey Lai [73 ITR 652] 6 9] In the present case, the assessee in her individual capacity has held the lands as capital asset. Now, simply because the assessee is a partner/director in concerns engaged in real activity does not mean that the transaction undertaken by her in her individual capacity are also to be treated as…