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    <title>2005 (4) TMI 45 - MADRAS High Court</title>
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    <description>HC affirmed that the Tribunal&#039;s factual finding - the shares were not treated as stock-in-trade but held to earn dividends - meant profit on their sale qualified as capital gain, not business income. The court noted a company may hold some shares as trading stock and others as capital assets for dividend income; since these shares were maintained as capital, the resulting gain on sale was taxable as capital gain rather than business income.</description>
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      <description>HC affirmed that the Tribunal&#039;s factual finding - the shares were not treated as stock-in-trade but held to earn dividends - meant profit on their sale qualified as capital gain, not business income. The court noted a company may hold some shares as trading stock and others as capital assets for dividend income; since these shares were maintained as capital, the resulting gain on sale was taxable as capital gain rather than business income.</description>
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