Assessee has shown profit arising from sale of shares was treated as short term capital gain. AO considering large number of transactions held that assessed as business income. Tribunal affirmed the order of the AO. Dismissing the appeal of the revenue the Court held that approximately 288 transactions took place for purchase of equity shares throughout year and about 162 transactions of sale were entered into with various share brokers accordingly the order of the Tribunal is affirmed. (AY. 2008-09)