Hi probal
Thanks for the reply and specially the judgment you quoted. Unfortunately, my appeal is with the same CIT who represented the department in the case AMP Spn. and Weaving Mills Ltd. and got the judgment in favor of department.
Basically, my client is a ship breaker. He had done investment in IPO during the year. His investment in IPO was under High Networth category. He had taken loans from group companies and family members to apply in the IPOs. Almost each of his application were above Rs.5 Crores. After getting the allotment, he had immi. sold the stocks. He also did some buying and selling transactions from which he earned Short Term capital gain.
Department has taken a criteria that, gains earned from shares which were held for more then 30 day is to be treated as Short Term and gain from shares held less then 30 days as adventure in nature of trade.
I have piled up many judgments include Janak Rangwalla. Please see you if u can guide me with some idea and judgments.
Thanks and Regards
Vipul
Thanks for the reply and specially the judgment you quoted. Unfortunately, my appeal is with the same CIT who represented the department in the case AMP Spn. and Weaving Mills Ltd. and got the judgment in favor of department.
Basically, my client is a ship breaker. He had done investment in IPO during the year. His investment in IPO was under High Networth category. He had taken loans from group companies and family members to apply in the IPOs. Almost each of his application were above Rs.5 Crores. After getting the allotment, he had immi. sold the stocks. He also did some buying and selling transactions from which he earned Short Term capital gain.
Department has taken a criteria that, gains earned from shares which were held for more then 30 day is to be treated as Short Term and gain from shares held less then 30 days as adventure in nature of trade.
I have piled up many judgments include Janak Rangwalla. Please see you if u can guide me with some idea and judgments.
Thanks and Regards
Vipul