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    <title>1971 (8) TMI 56 - BOMBAY High Court</title>
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    <description>The court held that the assessee was not a dealer in shares for the assessment years 1959-60 and 1960-61. The dominant intention behind the transactions was to protect the investment, not for trading purposes. The court found that the sales were aimed at &quot;nursing&quot; the investments and preventing capital erosion, with any resulting profit being incidental. The court emphasized that the borrowing of funds and acquisition of right shares were not determinative of a trading motive. The Commissioner was ordered to pay the costs of the reference to the assessee.</description>
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    <pubDate>Tue, 10 Aug 1971 00:00:00 +0530</pubDate>
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      <title>1971 (8) TMI 56 - BOMBAY High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=8395</link>
      <description>The court held that the assessee was not a dealer in shares for the assessment years 1959-60 and 1960-61. The dominant intention behind the transactions was to protect the investment, not for trading purposes. The court found that the sales were aimed at &quot;nursing&quot; the investments and preventing capital erosion, with any resulting profit being incidental. The court emphasized that the borrowing of funds and acquisition of right shares were not determinative of a trading motive. The Commissioner was ordered to pay the costs of the reference to the assessee.</description>
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      <pubDate>Tue, 10 Aug 1971 00:00:00 +0530</pubDate>
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