The Tribunal also held in favour of the assessee. The Tribunal noted as under:
(1) The assessee is a broker as well as an investor. It has maintained the investment portfolio separately, income from which was liable to be taxed as capital gains, since the intention in respect of this was to hold the investment as investment only and was shown as such in the books of account and income therefrom was shown and treated as capital gains in the successive assessments.
(2) The schedule of investments was duly appended in the balance sheet.
(3) The assessee has also maintained separate D-mat accounts for investment and for trading. Therefore, the assessee has distinctly maintained investment account and trading account.
(4) The assessee was holding certain stock for the purpose of doing business of buying and selling and at the same time it was holding other shares as its capital for the purpose of dividend income.
Therefore, the CIT(A) has rightly held that the income is to be treated as capital gains and not as business income.