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Large number of transactions can not be the sole criterion to treat Profit from Shares as business income

Case Law Details

Case Name
Nagindas P. Sheth (HUF) Vs. ACIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2006- 2007
Courts
ITAT Mumbai
Advertisement Nagindas P. Sheth (HUF) Vs. ACIT (ITAT Mumbai) Brief: – Merely because assessee transacted in 158 shares that should not be taken as a sole criterion to come to the conclusion that assessee is a trader in shares. It is not in dispute that in the books of accounts assessee has declared the shares as an investment and the finding of the learned CIT (A) that only own funds were utilised for purchase of shares was not contradicted by the learned DR. It was also highlighted by the learned CIT(A) that assessee had not indulged in any squaring-up of the transactions on the same...
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