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2013 (6) TMI 567 - AT - Income TaxVoluminous and frequent purchase and sale of shares - capital gain v/s business income - as per AO in view of the CBDT Instruction No.1827 dated 31.08.1989 the profits from transactions and shares and units of the assessee are treated as business profits - Held that:- By following the order of the Tribunal passed in A.Yr.2004-05 in assessee's own case [2013 (6) TMI 515 - ITAT KOLKATA] allowed the appeal of the assessee by holding that the profits from sale and purchase of shares and units are to be treated as capital gains of the assessee. As DR could not point out any specific error in the order of the CIT(A) or bring any material on record to show that this order of the Tribunal was varied in appeal by any other higher authority no good and justifiable reason to interfere with the order of CIT(A) - appeal of the revenue is dismissed.
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