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    <title>2017 (3) TMI 382 - ITAT MUMBAI</title>
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    <description>The Tribunal ruled in favor of the assessee, determining that the income from the sale of shares should be classified as capital gains rather than business income. The Tribunal emphasized the intention of the assessee at the time of acquiring the shares, noting they were purchased from surplus funds and consistently shown as investments. Additionally, the Tribunal referred to relevant guidelines and previous acceptance of similar gains as capital gains. However, the disallowance under Section 14A was upheld, following the decision in Godrej Boyce Company Ltd. Vs. DCIT. The appeal was partially allowed, aligning with the assessee on the classification of income from share sales.</description>
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      <title>2017 (3) TMI 382 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=339879</link>
      <description>The Tribunal ruled in favor of the assessee, determining that the income from the sale of shares should be classified as capital gains rather than business income. The Tribunal emphasized the intention of the assessee at the time of acquiring the shares, noting they were purchased from surplus funds and consistently shown as investments. Additionally, the Tribunal referred to relevant guidelines and previous acceptance of similar gains as capital gains. However, the disallowance under Section 14A was upheld, following the decision in Godrej Boyce Company Ltd. Vs. DCIT. The appeal was partially allowed, aligning with the assessee on the classification of income from share sales.</description>
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