https://www.taxtmi.com/caselaws?id=251942 Whether share transactions constitute capital gains or business income must be determined year by year on the specific factual matrix, including holding periods, frequency of dealings and other relevant criteria. The Tribunal could not treat the assessee as a trader in shares for the relevant years without examining the transactions for assessment years 2007-08 and 2008-09 independently, especially where earlier years had been relied on generally by the lower authorities. The matter was therefore remanded to the Tribunal for fresh consideration on the relevant facts, and the issue was answered in favour of the assessee. en-us Wed, 24 Sep 2014 00:00:00 +0530 Mon, 06 Oct 2014 08:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=251942 Whether share transactions constitute capital gains or business income must be determined year by year on the specific factual matrix, including holding periods, frequency of dealings and other relevant criteria. The Tribunal could not treat the assessee as a trader in shares for the relevant years without examining the transactions for assessment years 2007-08 and 2008-09 independently, especially where earlier years had been relied on generally by the lower authorities. The matter was therefore remanded to the Tribunal for fresh consideration on the relevant facts, and the issue was answered in favour of the assessee. Case-Laws Income Tax Wed, 24 Sep 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=251942