2019 (2) TMI 1276

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....n appeal against the judgment of the Income Tax-Appellate Tribunal ("the Tribunal" for short), raising following questions for our consideration : (i) Whether in law and on the facts of the instant case, was theTribunal in error in holding that the assessee is an investor in shares, ignoring the volume, frequency and regularity of transactions thereby indicative that he was a trader in sh....

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....o the contrary. 4. The issue eventually reached to the Tribunal, which dismissed the Revenue's appeal making following observations :" 6. We have heard both the parties and their contentions have carefully been considered. So far as it relates to the case of individual, for immediate preceding assessment year similar claim has been accepted by way of an assessment order passed unde....

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....scrips dealt is also not high. We do not findany differential fact for the year under consideration as compared to the immediate preceding assessment year for which similar activity has been held to be assessable under the head capitalgain. There is also no substantial difference in the activities carried out by the assessee in individual capacity visavisin the capacity of HUF. The assessee did no....