2013 (7) TMI 351

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..... by the Revenue in relation to some different but connected assessees are in relation to the assessment year 2006-2007. Since all the appeals are based on similar facts, we are, therefore, disposing them off by this consolidated order for the sake of convenience. 2. On a representative basis, the learned Departmental Representative took up the appeal in the case of Durga Shantilal Sharma, in whic .....

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..... ing assessment u/s 143(3) for assessment year 2004-2005. The Revenue is in appeal before us. 3. After considering the rival submissions and perusing the relevant material on record, we find that there is no dispute on the fact that the assessee offered similar income from transfer of shares under the head `Capital gain' in the preceding years which came to be accepted by the Assessing Officer as .....

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..... Representative was fair enough to concede that the facts and circumstances of other two appeals are identical except for the amount of the gain which was shown by the assessee as capital gain but assessed by the AO as Business income. Following the view taken hereinabove, we uphold the impugned orders for these two assesses as well. 5. In the result, all the three appeals are dismissed.
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