Case Law Details
Brief of the case
In the case of CIT vs. Smt.Datta Mahendra Shah, Bombay High court held that once department has accepted decision of ITAT given in case of assessee’s son then decision given by ITAT on identical fact in assessee case has also to be accepted by department, since department works as a single unit and it cannot argue that different treatment is to be given merely because the officers dealing with the two files are different.
Facts of the case
1. Assessee is a senior citizen having income on account of capital gains, business income and income from other sources. The Assessing Officer was of the view that the amount claimed short term capital gains of Rs.9.25 crores was in fact business income and has to be taxed.
2. AO has held that taken this view based on the following point:
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