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    <title>2012 (9) TMI 787 - ITAT, PUNE</title>
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    <description>The Tribunal ruled in favor of the assessee, directing the Assessing Officer to classify the profits from the sale of shares as &quot;Short term capital gain&quot; instead of &quot;business income.&quot; The Tribunal emphasized the assessee&#039;s investment intent, holding period, and lack of trading infrastructure, concluding that the transactions were capital gains. Additionally, the Tribunal stressed the importance of consistency in income treatment over different assessment years, aligning with past assessments and maintaining uniformity in categorizing similar transactions. As a result, the assessee&#039;s appeals for both assessment years were allowed, ensuring the profits were treated as &quot;Short term capital gain&quot; for consistency.</description>
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    <pubDate>Thu, 14 Jun 2012 00:00:00 +0530</pubDate>
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      <title>2012 (9) TMI 787 - ITAT, PUNE</title>
      <link>https://www.taxtmi.com/caselaws?id=216979</link>
      <description>The Tribunal ruled in favor of the assessee, directing the Assessing Officer to classify the profits from the sale of shares as &quot;Short term capital gain&quot; instead of &quot;business income.&quot; The Tribunal emphasized the assessee&#039;s investment intent, holding period, and lack of trading infrastructure, concluding that the transactions were capital gains. Additionally, the Tribunal stressed the importance of consistency in income treatment over different assessment years, aligning with past assessments and maintaining uniformity in categorizing similar transactions. As a result, the assessee&#039;s appeals for both assessment years were allowed, ensuring the profits were treated as &quot;Short term capital gain&quot; for consistency.</description>
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      <pubDate>Thu, 14 Jun 2012 00:00:00 +0530</pubDate>
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