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2011 (5) TMI 525 - AT - Income TaxShare transactions - Capital gains or busniss income - as submitted by assessee that the average period of holding of shares in all the transactions of purchase and sale of shares was about 300 days - Held that:- There were no funds borrowed by the assessee for making investment in shares and all these investments were made by it out of own fund - if all these relevant facts of the assessee's case are taken into consideration in totality, it becomes abundantly clear that transactions in shares were made by the assessee as an investor and not as a trader and the profit earned by it from the said transactions was capital gains and not business income as rightly held by the CIT (Appeals) - Appeal of the Revenue is dismissed.
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