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    <title>2018 (5) TMI 1439 - GUJARAT HIGH COURT</title>
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    <description>Income from sale of listed shares was treated as capital gains, not business income, because the assessee&#039;s treatment of the transactions was accepted under CBDT Circular No. 6 of 2016 and the Revenue did not show the trades to be sham or bogus. The Tribunal&#039;s finding stood since the material relied on by the Revenue created only suspicion and did not displace the conclusion that the share-sale receipts were capital gains. The circular applied to the transactions in question, and the classification as business income was rejected.</description>
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      <description>Income from sale of listed shares was treated as capital gains, not business income, because the assessee&#039;s treatment of the transactions was accepted under CBDT Circular No. 6 of 2016 and the Revenue did not show the trades to be sham or bogus. The Tribunal&#039;s finding stood since the material relied on by the Revenue created only suspicion and did not displace the conclusion that the share-sale receipts were capital gains. The circular applied to the transactions in question, and the classification as business income was rejected.</description>
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