2016 (11) TMI 1699

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.... KARUNAKARA RAO, AM: This appeal filed by the Revenue on 16.4.2014 is against the order of the CIT (A)-35, Mumbai dated 7.1.2014 for the assessment 2009-2010. In this appeal, Revenue raised the following grounds which read as under:- "1. On the facts and in the circumstances of the case and in law, the Ld CIT (A) erred in holding the income of the assessee from share transaction as profit fr....

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....#39;business income'. In the process, he relied on the contents of the orders of the Tribunal for the earlier assessment year 2009-2010. The contents of para 7 of the impugned order are relevant in this regard. In the process, CIT (A) relied heavily on the order of the ITAT dated 3.5.2013 for the AY 2008-2009 and gave a finding that the facts of the present case are identical and therefore, th....