2016 (11) TMI 1699

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..... d by the Revenue on 16.4.2014 is against the order of the CIT (A)-35, Mumbai dated 7.1.2014 for the assessment 2009-2010. In this appeal, Revenue raised the following grounds which read as under:- "1. On the facts and in the circumstances of the case and in law, the Ld CIT (A) erred in holding the income of the assessee from share transaction as profit from capital gain and not as business income .....

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..... relied on the contents of the orders of the Tribunal for the earlier assessment year 2009-2010. The contents of para 7 of the impugned order are relevant in this regard. In the process, CIT (A) relied heavily on the order of the ITAT dated 3.5.2013 for the AY 2008-2009 and gave a finding that the facts of the present case are identical and therefore, the ratio laid down by the Coordinate Bench in .....

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