Assessee-company traded in shares and had showed short term capital gain from some transactions.  Assessing Officer held  that purchase of shares is  about 65 per cent of total income. Out of total assets, assessee also made investment in shares which was 76 per cent of total assets, therefore, Assessing Officer held  that assessee is  dealing in shares and treated income under head business income.  CIT(A) affirmed the order of the AO. On appeal the Tribunal held that one of objects of the assessee is  to carry on the business as shares and stock brokers and to buy, sell and deal in all kind of shares, stocks, securities, bonds, debentures, units and such other instruments of all types.  The claim of assessee that it is  investing its own funds which were lying idle was not in itself sufficient to establish that trading in shares is done as investments to earn capital gain. Order of the AO is affirmed in taxing said income as business income. (AY. 2010-11)