In determining head for profit/loss on sale of shares intention of assessee also need to be looked into

RELEVANT PARAGRAPH 9. We have considered the rival submissions and also perused the relevant material on record. The main issue involved in these appeals is whether the loss shown by the assessee is assessable under the head “income from business “as claimed by the assessee company or under the head “income from other sources” as held by the authorities below. In order to decide this issue,’ it has to be ascertained as to whether the relevant shares were purchased and held by the assessee company as its investment or as stock in trade. In this regard, the Id. Coun...