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<h1>Supreme Court Clarifies Factors to Determine if Shares are Stock in Trade or Capital Assets; Case-by-Case Assessment Needed.</h1> The circular provides guidance on determining whether shares are held as stock in trade or as capital assets, a question that often leads to disputes. The Supreme Court has established several factors to consider, such as the nature of the transaction, the purchaser's intent, and the frequency of transactions. Key cases, including G. Venkata Swami Naidu & Co. vs. CIT and Sarder Indra Singh & Sons Ltd. vs. CIT, illustrate these principles. The circular emphasizes that while court-established tests are helpful, each case must be assessed based on its unique facts. These guidelines are intended for assessing officers' reference.