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    <title>2012 (8) TMI 269 - ITAT, INDORE</title>
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    <description>Profit from sale of shares held as investment was assessable as short-term capital gains where the assessee invested mainly through IPOs, held shares for a reasonable period, earned dividend income, and dealt only in delivery-based transactions. A profit motive by itself was not decisive for treating the activity as business income, and the record supported the existence of separate investment and trading portfolios. On those facts, the impugned gains arose from investment transactions rather than organised share trading, so they were correctly assessed as short-term capital gains and not as business income.</description>
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      <description>Profit from sale of shares held as investment was assessable as short-term capital gains where the assessee invested mainly through IPOs, held shares for a reasonable period, earned dividend income, and dealt only in delivery-based transactions. A profit motive by itself was not decisive for treating the activity as business income, and the record supported the existence of separate investment and trading portfolios. On those facts, the impugned gains arose from investment transactions rather than organised share trading, so they were correctly assessed as short-term capital gains and not as business income.</description>
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