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Capital Gains Cannot Become Business Income Merely Due to Borrowed Funds: ITAT Ahmedabad

Case Law Details

Case Name
DCIT Vs Kutir Navinchandra Patel (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement DCIT Vs Kutir Navinchandra Patel (ITAT Ahmedabad) The Income Tax Appellate Tribunal (ITAT), Ahmedabad dismissed the Revenue’s appeal challenging the order of the Commissioner of Income Tax (Appeals) which had deleted an addition of Rs. 13.10 crore made by treating the assessee’s Short Term Capital Gain (STCG) and Long Term Capital Gain (LTCG) from sale of listed equity shares as business income. The assessee, an individual engaged in manufacturing corrugated boxes and trading in cloth through proprietary concerns, had declared STCG of Rs. 8.51 crore and exempt LTCG of Rs. ...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,690

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