TMI Blog2013 (7) TMI 351X X X X Extracts X X X X X X X X Extracts X X X X ..... pted by the Assessing Officer as such - Revenue failed to highlight any distinguishing feature in the facts of the current year vis-à-vis the earlier years decided by the AO. - Following decision of CIT v. Gopal Purohit [2010 (1) TMI 7 - BOMBAY HIGH COURT] - Decided against Revenue. - ITA No.3868/Mum/2010, ITA No.3869/Mum/2010, ITA No.3870/Mum/2010 - - - Dated:- 5-2-2013 - Shri R. S. Syal, AM A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt term capital gain on transfer of shares amounting to Rs. 21,89,201. The Assessing Officer observed that the number of transactions in the shares were quite large. Considering such facts, he treated this amount shown by the assessee under the head "Capital gain" as Business income. The learned CIT(A) noticed that in the earlier years as well i.e. assessment years 2003-2004 to 2005-2006 the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with similar issue, held that : "there ought to be uniformity in treatment and consistency when the facts and circumstances are identical". The ld. DR failed to highlight any distinguishing feature in the facts of the current year vis- -vis the earlier years decided by the AO. In view of the afore-quoted judgment coming from the Hon'ble jurisdictional High Court, we find that the view taken by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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