Facts
a) The
assessee-company was engaged in the business of construction of residential
complexes. It paid advance money to purchase a plot of land. It, however,
cancelled the transaction and, consequently, advance money was forfeited by the
vendor. The amount so forfeited was treated as revenue loss by assessee.
b) The
Assessing Officer (AO) treated the same as capital loss on the ground that the
land in question was treated as capital transaction by the vendor of the land.
The CIT(A) confirmed the order of the AO.
c) Aggrieved
by the order of the CIT(A), the assessee filed the instant appeal before the
tribunal.