2017 (1) TMI 1291

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....#39;the Act') challenges the order dated 11th September, 2013 passed by the Income Tax Appellate Tribunal ('the Tribunal'). The impugned order is in respect of Assessment Year 2008-09. 2. The appeal urges the following question of law for our consideration:- "(a) Whether on the facts and circumstances of the case and in law, the Tribunal was justified in directing the AO to treat th....

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..... By the order dated 12th December, 2011, CIT(A) on examination of the facts recorded the following undisputed facts in respect of Respondent-assessee : (a) She had two portfolios, one dealing in shares as business and the other as its investment; (b) She was an investor over the years and had consistently treated the subject shares as "investment" and not as "stock in trade"; (c) She had ....

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....ribunal dated 11th September, 2013 on going through the facts in detail found that it was always the intention of the assessee at the time of purchase to hold the shares as investments. Further it took into consideration the holding period, treatment given by the respondent assessee to its investment in the earlier period and also the treatment given by the assessee in its books of accounts for th....

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....received from the subject assessment year was Rs. 2.55 lakhs, while in earlier years it was less than 1.50 lakhs. Therefore in the above view it is submitted that the impugned order is suspect and the appeal ought to be entertained. 7. We find that the distinction made on behalf of the Revenue does not carry the matter any further. This for the simple reason the table which has been reproduced in....