https://www.taxtmi.com/caselaws?id=193706 Profit from sale of shares was treated as short-term capital gain, not business income, because the Tribunal applied the CBDT circular and the recognised indicia for distinguishing investment from trading. It found that the assessee invested substantially out of own funds, reflected the shares as investments in the balance sheet, earned dividend income, and carried on a professional occupation rather than a regular share-trading business. The finding was based on appreciation of facts and was consistent with earlier assessment years, so the character of the receipts remained capital in nature and the revenue's challenge failed. en-us Mon, 04 Feb 2013 00:00:00 +0530 Wed, 16 Aug 2017 16:03:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=193706 Profit from sale of shares was treated as short-term capital gain, not business income, because the Tribunal applied the CBDT circular and the recognised indicia for distinguishing investment from trading. It found that the assessee invested substantially out of own funds, reflected the shares as investments in the balance sheet, earned dividend income, and carried on a professional occupation rather than a regular share-trading business. The finding was based on appreciation of facts and was consistent with earlier assessment years, so the character of the receipts remained capital in nature and the revenue's challenge failed. Case-Laws Income Tax Mon, 04 Feb 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=193706