JUDGMENT : K.S. Jhaveri, J. 1. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'A' (hereinafter referred to as ITAT) dated 17.07.2009 in ITA No. 2888/Ahd/2008, 2889/Ahd/2008, 2882/Ahd/2008 & 2883/Ahd/2008 for the Assessment Year 2005-06, 2006-07, 2005-06 & 2006-07 respectively, the revenue has preferred the present Tax Appeals. 2. This Court while admitting these matters on 13.06.2011 framed the following substantial question of law for consideration: "Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by CIT(A) in directing to tax the income earned from trading in shares under the head 'LTCG/STCG' as shown by the assessee instead of taxing it under the head 'Income From Business & Profession'?" 3. Mr. B.S. Soparkar, learned Counsel appearing on behalf of the respondent - assessee has submitted that as such the issue involved in the present Tax Appeals is now not res integra in view of the decision of this court rendered in Tax Appeal No. 77 of 2010 with Tax Appeal No. 78 of 2010 and Tax Appeal No. 50 of 2010. The present appeals arise out of the common order of the Tribunal in respect of the same assessees. Therefore, in view of the reasons given in Tax Appeal No. 77 of 2010 decided on 27.06.2012 we do not find that there is any substantial question of law as the revenue could not demonstrate that there were large number of transactions which had frequently given continuity and regularity and fell within the test laid down by the Division Bench of this Court in Commissioner of Income Tax v. Rewashanker A. Kothari reported in (2006) 283 ITR 338 (Guj) and the question formulated by the Court does not raise any substantial question. 4. In view of the above, the question raised for consideration in the present appeals are answered in favour of the assessees and consequently, the impugned judgment and order passed by the ITAT is confirmed. Hence, the present Tax Appeals are dismissed. No costs.