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Issues Involved:
1. Classification of income from share transactions as Long Term Capital Gains (LTCG) or Short Term Capital Gains (STCG) versus Income from Business or Profession. 2. Consistency in treatment of share transactions in light of previous Tribunal decisions and CBDT Circulars. Detailed Analysis: Issue 1: Classification of Income from Share Transactions The primary issue in these appeals was whether the income from share transactions should be classified under Long Term Capital Gains (LTCG) or Short Term Capital Gains (STCG) as claimed by the assessee, or under Income from Business or Profession as assessed by the Assessing Officer (AO). The AO had treated the income from share transactions as business income, citing the frequency and magnitude of transactions, and the involvement of borrowed funds. The CIT(A) ruled in favor of the assessee, noting that the shares were consistently shown as investments in the books of accounts and balance sheets. The CIT(A) emphasized that the assessee earned LTCG and STCG, received regular dividend income, and disclosed these in the returns filed under section 153C of the Income-tax Act, 1961. The CIT(A) concluded that the transactions were not numerous or repetitive enough to be considered as trading activities and thus upheld the classification of the income as capital gains. Issue 2: Consistency in Treatment and Reference to Previous Tribunal Decisions The Tribunal referred to its previous decisions in similar cases involving the same group of assessees. The Tribunal upheld the CIT(A)'s order, emphasizing the importance of consistency in treatment under similar facts and circumstances. It was noted that the AO could not distinguish the facts of the current case from those in previous Tribunal decisions. The Tribunal cited several judicial precedents and principles to determine the nature of transactions, including: - The intention of the assessee at the time of purchase. - The treatment of shares in the books of accounts. - Frequency and magnitude of transactions. - Whether the transactions were for realizing profit or for retention and appreciation in value. - Compliance with legal requisites for dealing as a trader. The Tribunal found that the assessee had consistently shown shares as investments, did not claim interest on borrowed funds or securities transaction tax (STT) as deductions, and engaged in transactions that were not frequent enough to be considered trading. The Tribunal also noted that the assessee had taken delivery of shares, indicating an intention to invest rather than trade. The Tribunal referenced CBDT Circular No. 4/2007, which allows for the possibility of maintaining separate portfolios for trading and investment, provided there is clear demarcation and no intermingling of holdings. The Tribunal concluded that the assessee had discharged the primary onus of proving the shares were held as investments, and the Revenue had not provided sufficient evidence to rebut this. Conclusion: The Tribunal dismissed the Revenue's appeals, upholding the CIT(A)'s decision to classify the income from share transactions as LTCG or STCG. The Tribunal emphasized the importance of consistency in treatment and adherence to judicial precedents and CBDT guidelines. The assessee's cross-objections were dismissed as not pressed.
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