The assessee had declared short-term capital gain in the return of income on sale of the land. The AO assessed the income as business income. CIT (A) affirmed the order of the AO. On appeal the Tribunal held that intent of section 2(13) is to define the expression ‘business’ in an inclusive manner. The expression ‘business’ as defined in section 2(13) does not merely include any trade, commerce or manufacture but is elastic and wider to include the adjunct ‘adventure in the nature of trade, commerce etc.’ Thus, the Legislature has made a conscious inclusion to expand the scope of business to include certain actions akin to ‘business’ in addition to normal business. The activity of the assessee has engaged the time, attention and the labour of the assessee apart from money. The profit arising on sale which was nearly 30 times of investment in a period of 3-4 years owing to such concerted and planned action. Thus, when functional test is applied, the transaction of purchase and sale of land had been rightly regarded as business activity by the AO.  (AY. 2015 -16)