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2011 (5) TMI 618 - AT - Income TaxCapital gains or business income - assessee has shown business income in respect of his non-delivery based shares or derivative transactions whereas he has shown capital gains on the delivery based share transactions - Held that:-Investment in a particular scrip both in physical delivery and in speculation transaction of F&O cannot be considered different when undertaken at the same time and same nature of transaction on the same day. Therefore one way of analysing the intention of the assessee of trading or investment in a particular scrip is to correlate with the F&O transactions. As noticed earlier the profit in F&O transactions is 5 times the gains earned in share transactions. Therefore in the interest of justice, since complete details are not placed on record to analyse whether the assessee's share transactions are in the nature of business transaction or investment transaction, we are of the opinion that the matter can be restored back to the file of the Assessing Officer to examine the facts and analyse the intention - Appeal are allowed for statistical purpose
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