Dismissing the appeal of the revenue the Court held that, the average period of holding of most of those shares was 628 days, in certain scrips the assessee had incurred loss and that in the earlier years the assessee’s investment in shares was assessed under the head capital gains because consistently the assessee had been showing in the balance-sheet that the shares were purchased out of his own surplus funds.  Accordingly the Tribunal is right in assessing the gains as  capital gains. (AY. 2008 -09)