COMMISSIONER OF INCOME TAX Vs. MARYAM MIRZA

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Bangalore Bench, has referred the following two question for the opinion of this court :

(2.) WHETHER, on the facts and in the circumstances of the case, the Tribunal was justified in refusing to entertain the alternative ground of the Department that capital gains on the transfer of the leasehold rights should be brought to tax in these proceedings in receipt of the receipt of Rs. 2.5 lakhs ?"

(3.) AGGRIEVED by the order of the Appellate Assistant Commissioner, the Department appealed to the Tribunal. The Tribunal has dismissed the appeal. The relevant portion of the Tribunal's order runs as follows :