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2012 (7) TMI 395 - AT - Income TaxBusiness income versus STCG - assessee claimed that he is an ‘investor’ in the share - assessee is an investor in shares - share are regularly shown under the head “Investment in Shares” and are valued at cost in the books - assessee has earned a substantial dividend income - Funds used for the purpose of investment is owned funds and not borrowed funds – Held that:- There should be consistency in the approach of the Department - assessee’s claim has been consistently accepted in all the preceding years - in this year also ‘on the rule of consistency’ accept the claim of the assessee in respect of short-term capital gain - revenue’s appeal is dismissed.
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