IN THE HIGH COURT OF DELHI AT NEW DELHI 
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         ITA 1213/2005  
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 MRS.SHANTI BANERJEE                 ..... Appellant 
 Through: Mr.Rajat Navet, Adv. 
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 versus 
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 DY.COMMISSIONER OF INCOME TAX       ..... Respondent 
 Through: Mr.R.D. Jolly, Adv. 
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 CORAM: 
 HON'BLE MR. JUSTICE T.S. THAKUR 
 HON'BLE MR. JUSTICE SANJEEV KHANNA 
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 O R D E R 
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                             19.12.2005 
 Admit. 
 The following substantial question of law is formulated for 
 determination:- 
 ?Whether in the facts and circumstances of the case, the Tribunal was correct in 
 law in holding that the income from the sale of flats in question was to be 
 assessed as business profits and not as long term capital gains?? 
 The appellant shall file the requisite number of paper books within three 
 months in accordance with the High Court Rules. 
 Post for hearing at its turn along with ITA No.299/2005. 
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 T.S. THAKUR, J 
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 SANJEEV KHANNA, J 
 DECEMBER 19, 2005 
 ga 
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