https://www.taxtmi.com/caselaws?id=234690 An amount already reflected in Form 16 and included in the assessee's salary income could not again be taxed as commission, so the addition was deleted. Share and mutual fund profits were treated as capital gains rather than business income because the holdings were funded from own resources, were consistently treated as investments in earlier years, and no material change in facts showed a share-trading business. The rule of consistency supported the same tax treatment for the surplus according to the nature and period of holding, and recharacterisation as business income was rejected. en-us Fri, 13 Jan 2012 00:00:00 +0530 Fri, 21 Jun 2013 12:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=234690 An amount already reflected in Form 16 and included in the assessee's salary income could not again be taxed as commission, so the addition was deleted. Share and mutual fund profits were treated as capital gains rather than business income because the holdings were funded from own resources, were consistently treated as investments in earlier years, and no material change in facts showed a share-trading business. The rule of consistency supported the same tax treatment for the surplus according to the nature and period of holding, and recharacterisation as business income was rejected. Case-Laws Income Tax Fri, 13 Jan 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=234690