COMMISSIONER OF INCOME TAXEXEMPTIONS,HYDERABAD vs. SIKSHYA O ANUSANDHAN
The appeal stands dismissed
ITA/37/2018HC Orissa03 Jan 2023
Bench: : The Hon’Ble Justice T.S. Sivagnanam A N D The Hon’Ble Justice Hiranmay Bhattacharyya Date : February 15, 2022. [Via Video Conference] Appearance : Mr. Debasish Chowdhury, Adv. … For The Appellant Mr. R.K. Murarka, Sr. Adv. Ms. Sutapa Roy Choudhury, Adv. Ms. Aratrika Roy, Adv. … For The Respondent The Court : This Appeal By The Revenue Filed Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 3Rd May, 2017 Passed By The Income Tax Appellate Tribunal, “B” Bench, Kolkata (Tribunal) In
Section 14ASection 260ASection 73
Capital Gain of
Rs.1,48,40,879/- instead of normal business income
without considering
the
fact
that
frequency
of
transaction,
non-maintenance
of
separate
demat
account of investment and for trading suggests that
sale of shares are normal business income in nature?
c) Whether on the facts and in the circumstances of the
case the Learned Income Tax Appellate Tribunal