In the result, the appeal of assessee is allowed
Bench: Shri Mahavir Prasad & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2014-15 Shri Ashok Kumar Jatav Ito 5(4), Bhopal Bhopal Vs. (Appellant / Assessee) (Respondent/ Revenue) Pan: Abwpj 3945 J Assessee By None Revenue By Shri Ashish Porwal, Dr Date Of Hearing 18.08.2022 Date Of Pronouncement 23.08.2022 O R D E R Per B.M. Biyani, A.M.:
capital gain or adventure / business, has always been a matter of dispute and litigation and there cannot be a short-cut or standard formula to decide exact nature, particularly by means of a short-finding in the penalty-order even while maintaining total silence in the assessment-order. In any case, considering the fact that there can be two views