In the result, ITA No.1007/Ind/2016 is partly allowed, is allowed and ITA
Bench: Shri Kul Bharat & Shri Manish Borad
Capital gain is an independent and different source of income and was not the subject matter of appeal before him nor was the issue considered by the Assessing Officer by framing an assessment order. Instead the Assessing Officer termed the same as commission on the sale of land. Thus, order of the Commissioner (Appeals) could not be sustained. The Commissioner