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What is Yardstick to decide whether Share Income is Business Profit or Capital Gains ?

What is the Yard Stick to decide whether a person’s Share Income
i.e.
(i) Long Term capital Gain/Loss
(ii)Short Term Capital Gain Loss &
(iii) Speculation Profit ,
should be shown under (i) Head – Business Profit or (ii) Capital Gains ?
What are important Court judgements regarding the same ?

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