Assessee is in share trading activity and had returned short-term capital gain. Assessing Officer treated income from trading activity of shares as business income of assessee on ground that in preceding year, assessee had declared profit from share trading activity as business and only a small portion was returned as short-term capital gain. Commissioner (Appeals) deleted  addition holding that assessee had been investing in share market for more than 10 years, and declaring income therefrom under head capital gains. He held  that assessee had held shares as investment and not as stock-in-trade which was accepted by Assessing Officer. He held  that Assessing Officer had merely gone on basis of nomenclature given in accounts to determine nature of income. Tribunal held that  income earned therefrom had been rightly returned by assessee under head capital gains, and there was no case with Assessing Officer for treating same as income from business and profession. (AY. 2016-17)