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    <title>2017 (2) TMI 1101 - ITAT MUMBAI</title>
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    <description>The Tribunal upheld the Commissioner of Income Tax&#039;s decision to classify the gain from share transactions as &#039;income from capital gains&#039; rather than &#039;income from business.&#039; The Tribunal considered factors such as the historical treatment of gains, holding periods of shares, and proportion of short-term gains. It concluded that the assessee acted as an investor, not a trader, based on consistency in treatment and limited share activity. The Revenue&#039;s appeal was dismissed, affirming the assessment of the gain as &#039;income from capital gains.&#039;</description>
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    <pubDate>Wed, 15 Feb 2017 00:00:00 +0530</pubDate>
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      <title>2017 (2) TMI 1101 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=339401</link>
      <description>The Tribunal upheld the Commissioner of Income Tax&#039;s decision to classify the gain from share transactions as &#039;income from capital gains&#039; rather than &#039;income from business.&#039; The Tribunal considered factors such as the historical treatment of gains, holding periods of shares, and proportion of short-term gains. It concluded that the assessee acted as an investor, not a trader, based on consistency in treatment and limited share activity. The Revenue&#039;s appeal was dismissed, affirming the assessment of the gain as &#039;income from capital gains.&#039;</description>
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      <pubDate>Wed, 15 Feb 2017 00:00:00 +0530</pubDate>
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