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2021 (10) TMI 12 - AT - Income TaxCharacterisation of loss - loss from share transactions - short term capital loss to be treated as income under the head 'capital gains’ or "business income/loss" - HELD THAT:- As the facts and the issue involved in the case of the assessee for the year under consideration remains the same as were there before the Tribunal in the assessee’s own case for A.Y. 2007-08 and A.Y. 2008-09[2015 (3) TMI 798 - ITAT MUMBAI]which as observed by us hereinabove had fairly been admitted by the ld. D.R, we, therefore, finding no reason to take a different view therein respectfully follow the same. Accordingly, finding no infirmity in the view taken by the CIT(A), who as observed by us hereinabove had held that the gain/loss arising on sale of purchase of shares under consideration was rightly reflected by the assessee under the head ‘Short Term Capital Gain’, thus, uphold the same. The Ground of appeal No. 1 raised by the revenue is dismissed.
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