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of Gain from sale of shares - STCG or business income - CBDT Circular No.6/2016 - it is not the case of the AO that the assessee was churning the shares, buying and selling the same shares again and again - There is no quarrel that the assessee has purchased the shares out of its own fund and all the transactions were delivery based transactions of listed companies routed through D-mat Account - STCG
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