Share's profit is Short trem capital gain or Business income

[Devedra Kumar]

My Client is an employee in share broker company and doing transaction with shares in larges volume. And ITR filed on the base of Capital Gain. It any one have any case law regarding this situation please reply..

AI Summary

Characterisation of share profits as capital gains or business income depends on the assessee's intention and transaction facts.
Characterisation of profits from share dealings as short term capital gains or business income depends on the factual matrix and the intention of the assessee; employment in a brokerage and high trading volume are relevant but not conclusive, and classification requires evidence of investment purpose versus a businesslike trading pattern.