The Assessing Officer assessed the income from the purchase and sale of shares business income as against capital gains shown by the assessee. Orders were affirmed by the Tribunal and affirmed by High Court. On SLP Court order of High Court affirmed for the AY. 2010-11. For the assessment year 2006-07, since the assessee had availed of the benefit under the Direct Tax Vivad Se Vishwas Scheme and a certificate under the Scheme had been issued and since the assessee had filed an application for rectification of some errors, which had been partly allowed and another application was pending, the special leave petition in so far as relating to this year was dismissed as withdrawn. For the assessment year 2008-09 special leave was granted in respect of income or capital gains earned on sale of shares of J. K. Investo Trade Ltd., Munjal Showa Ltd. and Samlel Colours Ltd..(AY.2006-07, 2008-09, 2010-11)
Equity Intelligence India Pvt. Ltd. v. ACIT (2022) 449 ITR 396 / 329 CTR 793 / 220 DTR 193 (SC) Editorial : Equity Intelligence India Pvt. Ltd. v. ACIT(2015) 376 ITR 321 (Ker)(HC), partly affirmed.
S. 28(i) : Business income-Capital gains-Purchase and sale of shares-Short period of holding and frequency of transactions-Assessable as business income. [S. 45]