IN THE HIGH COURT OF DELHI AT NEW DELHI 
 26. 
 . 
         ITA 468/2006  
 . 
 COMMISSIONER OF INCOME TAX      ..... Appellant 
 Through Ms.P.L.Bansal, 
 with Mr.Vishnu Sharma, Advocates 
 versus 
 SH. DAYAL RAM THRU VED PARAKSH .. Respondent 
 Through Dr.Rakesh Gupta with 
 Mr. Jitender Saini, Advocates. 
 . 
 CORAM: 
 HON'BLE MR. JUSTICE VIKRAMAJIT SEN 
 HON'BLE DR. JUSTICE S. MURALIDHAR 
 O R D E R 
                               27.11.2006 
 . 
 Admit. 
 Following substantial question of  law arises for consideration: 
 ?Whether ITAT was correct in law in holding that the profit of Rs.5,47,250/- 
 earned by the assessee on sale of plot at DLF Qutab Enclave is taxable as 
 income under the head ?Capital Gains? and not under the head ?Business Income?? 
 Appellant is directed to file the Paper books within three months as per rules. 
 List in regular course. 
 . 
 VIKRAMAJIT SEN, J 
 . 
 . 
 . 
 . 
 . 
 S. MURALIDHAR, J 
 NOVEMBER 27, 2006 
 dn