Ompm/12/2018 Of Radha Devi v. Principal Commissioner Of Income Tax

OMP(M) No. 12 of 2018. 07.05.2018. Present: Mr. Aditya Sood, vice counsel for the appellant. Mr. Diwan Singh, vice Ms. Vandana Kuthiala, Advocate, for the respondent. OMP(M) No. 12 of 2018. For the reasons set out in the application, the same is allowed. Delay of 12 days in filing the present appeal is condoned. Application stands disposed of. ITA No. of 2018. Be registered. Admit on the following substantial questions of law. (a) Whether the Ld. Income Tax Appellate Tribunal is right in law and facts in holding that the amount received on acquisition of the property was to be assessed as short term capital gains, though admittedly appellant had never claimed depreciation and the said property had not been run by her whereas same had been given on lease? law and facts in holding that the amount received on acquisition of the property was to be assessed as short term capital gains, though admittedly appellant had never claimed depreciation and the said property had not been run by her whereas same had been given on lease? (b) Whether after issuance of circular dated 25/10/2016 bearing No.25/10/2016 the amount received on acquisition of asset is taxable ion the eyes of law? bearing No.25/10/2016 the amount received on acquisition of asset is taxable ion the eyes of law? (c) Whether the order of the Ld. Income Tax Appellate Tribunal not having considered the factual matrix of the case in proper prospective suffers from perversity? Tribunal not having considered the factual matrix of the case in proper prospective suffers from perversity? List in due course. (Sanjay Karol) Acting Chief Justice. May 07, 2018. (cm) (Ajay Mohan Goel)Judge.