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2017 (1) TMI 1291 - BOMBAY HIGH COURTIncome from sale of shares - Short Term Capital Gains or Income from Business and Profession - Held that:- We find that the distinction made on behalf of the Revenue does not carry the matter any further. This for the simple reason the table which has been reproduced in the impugned order and on which reliance is placed gives the details of aggregate purchases and dividend received and not those relatable to short term capital gain only. Moreover, it is to be noted so far as long term capital gains are concerned, character of the respondent-assessee as an investor has been accepted by the Assessing Officer. Therefore, in view of the aforesaid concurrent finding of fact arrived at by the CIT(A) and the Tribunal that the respondent assessee was an investor in respect of short term capital gain declared by her for the subject Assessment year not being shown to be perverse calls for no interference. No substantial question of law.
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