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    <title>2026 (5) TMI 1190 - ITAT AHMEDABAD</title>
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    <description>Consistent treatment of share transactions as investments supported assessment under the head of capital gains rather than business income, because the assessee had treated the shares as investment in earlier and subsequent years and the Department had accepted that position. No distinguishing material was shown for the year in question, so the same characterisation applied to both the long-term capital gain and the short-term capital loss. The share transactions were therefore to be assessed as capital gains/loss and not as trading income.</description>
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      <description>Consistent treatment of share transactions as investments supported assessment under the head of capital gains rather than business income, because the assessee had treated the shares as investment in earlier and subsequent years and the Department had accepted that position. No distinguishing material was shown for the year in question, so the same characterisation applied to both the long-term capital gain and the short-term capital loss. The share transactions were therefore to be assessed as capital gains/loss and not as trading income.</description>
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