TaxTMI 
TaxTMI 
2014 (7) TMI 414
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....sessee is directed against the order of the Ld.CIT(A)-25, Mumbai dated 03.08.2011 for the Assessment Year 2008-09. 2. In this appeal, the assessee has agitated the decision of the Ld.CIT(A) confirming the treatment given by AO to the short term capital gain earned/claimed by the assessee as income from business. 3. The relevant facts are that the assessee, during the year under consideration, in....
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....e department has accepted that the assessee is an investor in shares for the last 10 years and from the AY 2001-02 to 2012-13, except during the year under consideration, the short term capital gain offered by the assessee has not been disturbed by the Revenue. It is further observed that the assessee has shuffled her investment portfolio from time to time and earned short term capital gains and l....
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....s for more than a month. This suggests that the assessee has made investment in shares for capital appreciation. It is further relevant to point out that the assessee after selling the particular scrip has not entered into same scrip in the year under consideration and therefore, the assessee has not acted as trader in shares. It is also relevant to note that out of 49 scrips there are only 17 scr....