PCIT v. Business Match Services (I) (P.) Ltd. (2019) 260 Taxman 190 (Bom.)(HC)

S. 45 : Capital gains- Business income- Short term capital gains- Taken delivery of shares and used own funds–Assessable as capital gains and not as business income. [S. 28 (i)]

Dismissing the appeal of the revenue the Court held that the  assessee had used its own funds in order to purchase shares, had taken physical delivery of shares and in books of account, treated same as an investment. Accordingly the Tribunal is justified in holding that the gain is assessable as short term capital gains.