TMI Blog2017 (8) TMI 1430X X X X Extracts X X X X X X X X Extracts X X X X ..... money. The intention can be proved by the conduct of the assessee after the purchase. The CIT(A) has given the details of the 10 scripts out of which short term capital gain was claimed. Upon appreciation of the evidence plausible conclusion has been arrived at by the CIT(A) and the Tribunal, more over for past three assessment years also the income of the assessee through sale of shares is held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the sale and purchase of the shares repeatedly and frequently. As such, the Assessing Officer has rightly termed the same as a business income and CIT(A) so also the Tribunal have committed an error while reversing the said finding of the Assessing Officer. The learned Counsel submits that the period of holding of shares by the assessee is less than one month. 3. The learned Counsel for the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort term capital gain was claimed. Upon appreciation of the evidence plausible conclusion has been arrived at by the CIT(A) and the Tribunal, more over for past three assessment years also the income of the assessee through sale of shares is held to be short term and long term capital gain. The said order is accepted by the Revenue. 5. Considering the above, the concurrent finding of facts arri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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