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2019 (2) TMI 1276

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..... citizen and retired bank employee who had invested funds in different scrips in his individual capacity as well as in the capacity of a Karta of HUF and lastly that the assessee has not utilized any borrowed funds for making such investments. The investment was out of his own capital. In view of such relevant facts noticed by the Tribunal, we do not see any error in the view taken by the Tribunal .....

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..... ul of the fact that traders no do necessarily have to borrow funds when they have sufficient liquidity? (iii) Without prejudice to the above, whether the question of borrowed funds is the sole criterion for determining whether one is a trader or an investor 2. Though three questions are framed, the issue is single namely; Whether the receipts of the respondent assessee arising out of .....

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..... 16. There is not much difference in the position of sale and purchase of shares except higher value of the shares , the period of holding is also substantial and main income has been earned by the assessee in two scrips only. All these positions have been described in the chart, which have been reproduced in the above part of this order. The AO has not brought out any substantial difference in t .....

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..... scussion in the case of HUF and also in view of facts of the present case and position depicted in teh charts, we are of the opinion that Ld.CIT(A) did not commit any error in granting impugned relief to the present assessees. We decline to interfere in the relief granted by him. Accordingly, the appeals filed by the Revenue are dismissed. 5. It can thus be seen that the Tribunal was influenc .....

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