At the heart of it there is confusion because LHDN also not sure about how to treat capital gain... every so often then will sue someone in court and try to get capital gain declared as income... all this because of our income tax act and how they try to define income ...

part 2 section 4f
(f) gains or profits not fall
ing under any of the foregoing
paragraphs.

so far if i remember correctly the judge throw out the last attempt because he say section (f) is to broad... but dunno now how.... goverment so poor... maybe do to capital market whaT They do to the poor doctors