2010 (10) TMI 109

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..... estions produced hereinbelow:   1. Whether on facts and in circumstances of the case, the Hon'ble I.T.A.T. was justified in confirming the order of the Commissioner of Incometax (A) directing the Assessing Officer to treat the profit on sale of shares as capital gain instead of income from business as assessed by the Assessing Officer in order u/s.143(3)/147 of the Incometax Act, 1961 holdin .....

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..... ement contained in 35 ITR 594 (Supreme Court) and 53 ITR -250 (S.C.) income derived by the assessee from purchase and sales of shares in classified under business income and not as capital gain ?   3. Whether on facts and in circumstances of the case, the Hon'ble ITAT was justified in dismissing the appeal of the department without appreciating that the department did not accept the order of .....

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