Allowing the appeal of the assessee  the Tribunal held that , whether income is to be assessed under the head “income from capital” or “income from business” the assessee should demonstrate the intention and treatment in that books of account, whether he holds these shares and securities as an “investment” or as a “stock-in-trade”. The intention can be judged by the entries made by the assessee in his books of account, i. e., the treatment in his books of account of the assessee. The motive of the assessee was to earn the dividend not to trade in shares and the motive was reflected with the intention of the assessee. The board of directors of the assessee had passed the resolution stating that the motive of the assessee was to keep the shares as an investment not as stock-in-trade. The income of the assessee should be assessed under the head “capital gains” instead of “business income”.( AY. 2010-11)