Pratish Manilal Modi (HUF) v. ACIT (2019) 174 ITD 736 (Rajkot) (Trib.)

S. 45 : Capital gains-Business income–Investment in shares- Demarcated shares as investment in its balance sheet-Profit arising on sale of shares is chargeable to tax as capital gains and not as business income. [S. 28(i)]

Tribunal held that the assessee had clearly demaracted shares as investment in its balance sheet. Mere frequency or magnitude of transaction in a systematic manner cannot be criteria to hold that assessee was engaged in a business activity of shares. Income is chargeable to tax as capital gains and not as business income. Referred CBDT circular No. 6/2016, dt. 29-2-2016 and Circular No. 4/2007, dt. 15-6-2007. (AY. 2007-08)