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2019 (4) TMI 1193 - HC - Income TaxNature of income - profit earn on sale of shares - STCG or Business Income - HELD THAT:- CIT (Appeal) and tribunal held in favour of the assessee mainly on the ground that in the earlier assessment years the assessee had consistently shown the receipts of sale of share as capital gain which the revenue had also accepted. We do not find any error in view of tribunal. The tribunal had noted that in the earlier years the assessee had suffered loss. Therefore in the current year if the income was to be treated as business income, capital loss of the earlier year would not be assessable against such income. It appears that the Assessing Officer desired to tax income as business income in the current year, in view of the change in tax rates, between short term capital gain and business income, which in the earlier years was same. In such circumstances, no question of law arises - Appeal is dismissed
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