Assessee sold shares held in KLIPL and received consideration. The AO assessed the consideration as business income. CIT (A) attributed 5 percent of consideration under section 28(va) of the Act. Tribunal held that  since business was being carried out by KLIPL and assessee was simply a shareholder and not directly into business, assessee had rightly declared income under head capital gains  therefore, finding of Commissioner (Appeals) attributing 5 per cent of consideration received by assessee as income covered by section 28 (va) was  set aside.  (AY.2016-17)