CAPITAL GAIN VS. BUSINESS INCOME


This query is : Resolved 

20 June 2009 CAN ANYONE PROVIDE ME ANY CASE LAW OR CONCLUDING MATERIAL ON THE FOLLOWING QUERY

THE ASSESSEE IS HOLDING THE SHARES AS AN INVESTMENT. DURING THE YEAR F.Y. 2006-07 HE SOLD SOME SHARES AND EARNED LONG TERM CAPITAL GAIN ONLY, BUT A.O. INTEND TO TREATE WHOLE OF TEH LONG TERM CAPITAL AS BUSINESS INCOME.

PLEASE REPLY........

20 June 2009 if the above shares are shown as an investment in your balance sheet then it is long term capital gain if you are shown as a stock during the year then it is trading income
whether the shares are business income or investment income it is important

07 November 2021 The decisions of the Hon’ble Supreme Court in following cases:
(i) G. Venkataswamy Naidu & Co., v/s. CIT, 35 ITR 594 (S.C)
(ii) Raja Bahadur Kamakshya Narain Singh v/s. C.I.T, 77 ITR 225
(iii) Bengal and Assam Investors Ltd. v/s. CIT, 59 ITR 547


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