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    <description>Short-term gains from share transactions routed through a discretionary portfolio management scheme were treated as capital gains where the assessee had invested surplus funds, disclosed the holdings as investments, and the overall facts did not show the usual incidents of share trading. The portfolio manager executed the transactions, but volume, frequency, and computer-based trade entries, taken alone, were insufficient to establish a trading motive. On the totality of circumstances, the gains could not be characterised as business income merely because of the form or number of transactions.</description>
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      <description>Short-term gains from share transactions routed through a discretionary portfolio management scheme were treated as capital gains where the assessee had invested surplus funds, disclosed the holdings as investments, and the overall facts did not show the usual incidents of share trading. The portfolio manager executed the transactions, but volume, frequency, and computer-based trade entries, taken alone, were insufficient to establish a trading motive. On the totality of circumstances, the gains could not be characterised as business income merely because of the form or number of transactions.</description>
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