the assessee sold the shops which were converted into capital asset and offered capital gains from such sale (long term capital gains) relying that conversion of property from one form to another is allowed under Section 45(2) of the Income Tax Act. The Assessing Officer held that the IT act allows only conversion from 'capital asset' to 'stock in trade' and not vice versa. Since something which is not provided in the IT Act cannot be imagined and treated the income arising from sale of those shops as 'business income'.