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“long term capital gain”

Capital GainsSection 2(29A)Section 2(29A)4,892 judgments

The decision most relied on for long term capital gain is PCIT v. Swati Bajaj (139 Taxmann.com 352), cited in 443 judgments on BharatTax.

Leading authorities on long term capital gain

PCIT v. Swati Bajaj
139 Taxmann.com 352 · 2022 · High Court
443
citing judgments

Tax authorities are entitled to examine surrounding circumstances and apply the test of human probabilities to determine the genuineness of long-term capital gains arising from the sale of manipulated penny stock, even if prima facie documents appear to support the transaction.

CIT v. Shyam R. Pawar
54 Taxmann.com 108 · 2015 · High Court
279
citing judgments

Transactions involving the purchase and sale of shares cannot be considered bogus where the assessee provides documentary evidence, unless the revenue brings substantial evidence on record to reject such proof. This principle is consistently applied in cases concerning claims of bogus long-term capital gains arising from penny stock transactions.

Sanjay Bimalchand Jain v. PCIT-1, Nagpur
89 Taxmann.com 196 · 2018 · High Court
251
citing judgments

The exemption for long-term capital gains on share transactions is unavailable if the assessee fails to discharge the onus of proving the genuineness of gains arising from dubious share transactions designed to convert unaccounted income into tax-exempt capital gains. Courts will uphold an assessment based on the Revenue's evidence of price rigging or penny stock manipulation if the assessee cannot provide cogent evidence for the abnormal rise in share value.

PCIT v. Krishna Devi
126 Taxmann.com 80 · 2021 · High Court
249
citing judgments

The genuineness of share transactions, particularly those generating long-term capital gains, cannot be rejected solely based on general investigation reports, third-party statements, or a mere increase in share price, when the assessee provides comprehensive documentary evidence, without the Revenue bringing substantial evidence to the contrary.

CIT v. Jamnadevi Agarwal
328 ITR 656 · 2010 · High Court
230
citing judgments

When faced with allegations of bogus long-term capital gains from penny stocks, the Assessing Officer must discharge the onus of proving that the assessee's transactions were not genuine. The assessee can rely on the principle of preponderance of probability, and the Revenue must present substantial evidence to establish that the transactions were a colourable device or that the assessee was an entry operator.

Pr.CIT v. Lata Jain
384 ITR 543 · 2016 · High Court
174
citing judgments

In a search assessment under Section 153A, no additions can be made for assessment years where assessments have already been concluded, unless incriminating material related to undisclosed income for those years is found during the search operation.

ITO, 19(3) (4) Mumbai v. Shamim M Bharwani
69 Taxmann.com 65 · 2016 · Reported
142
citing judgments

Long Term Capital Gains (LTCG) from penny stock transactions are liable to be treated as bogus and added back under Section 68 as unexplained cash credits, especially when evidence suggests the involvement of entry operators providing accommodation entries.

Mukesh R.Marolia v. Addl. CIT
6 SOT 247 · 2006 · ITAT
139
citing judgments

The department must substantiate its allegations of a bogus long term capital gain scheme; if not substantiated, the addition made by the Assessing Officer for purported bogus LTCG derived from the purchase/sale of shares cannot be sustained. An assessee's claim for long term capital gains exemption on share transactions should be allowed where documentation supports the transactions.

Judgments citing long term capital gain

Kailas Kalyan Creators Private Limited, Ahmedabad vs. ITO Ward 2(1)(1), Ahmedabad

ITA 2342/AHD/2025[2023-24]Status: DisposedITAT Ahmedabad09 Apr 2026AY 2023-24

Bench: Shri Sanjay Garg & Annapurna Guptaआयकर अपील सं /Ita No.2342/Ahd/2025 िनधा"रण वष" /Assessment Year : 2023-24 Kailas Kalyan Creators The Ito बनाम/ Private Limited Ward-2(1)(1) V/S. 5, Prerna Kutir Bungalows Ahmedabad – 380 051 Nr. Sarthi Hotel Vastrapur, Bodakdev Ahmedabad – 380 054 "थायी लेखा सं./Pan: Aaack 9110 C (अपीलाथ(/ Appellant) ()* यथ(/ Respondent) Assessee By : Shri Chetan Agarwal, A.R. Revenue By : Shri Alpesh Parmar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 24/02/2026 घोषणा की तारीख /Date Of Pronouncement: 09/04/2026 आदेश/O R D E R Per Sanjay Garg:

For Appellant: Shri Chetan Agarwal, A.RFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 250Section 48

disallowance of cost of improvement amounting to Rs. 7,65,95,000/- made by Ld. AC along with indexation thereon claimed while computing long term capital gain u/s 48 r.w.s. 55 of the Act. 2. The Ld. CIT(A) has erred in law as well as on facts by upholding ... year under consideration, i.e. 2023- 24 on 30/10/2023. The case of the assessee was taken up for scrutiny assessment for the reason, “Low Long Term Capital Gain and high improvement cost”. 3.1. During the assessment proceedings, the Assessing Officer (AO) observed that the assessee had sold a land of property

Harbhol Singh, Sunam vs. Income Tax Officer, Ward Sunam

In the result, the appeal is allowed for statistical purposes

ITA 788/CHANDI/2025[2012-2013]Status: DisposedITAT Chandigarh19 Mar 2026AY 2012-2013

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Krinwant Sahay, Am आयकरअपीलसं./ Ita No.788/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2012-13) Harbhol Singh Ito H. No. 863, Village – Sheron, Aayakar Bhawan, Income Tax बनाम/ Vs. Suman Road, Sunam Officer, Ward Sunam, Sangrur District : Sangrur Punjab - 148028 Punjab - 148028 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Cssps-9948-F (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Deepinder Singh (Advocate) ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 26-02-2026 घोषणाकीतारीख /Date Of Pronouncement 19-03-2026 : आदेश / O R D E R Krinwant Sahay () This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)/ Nfac, Delhi Dt. 16/05/2025 For The Assessment Year 2012-13. In The Present Appeal Assessee Raised The Following Grounds:

For Appellant: Sh. Deepinder Singh (Advocate)For Respondent: Sh. Vivek Vardhan (Addl. CIT) Ld. Sr. DR
Section 148

absence of evidence regarding the cost of acquisition or reinvestment, assessed the entire sale consideration of Rs. 65,25,000/- as Long Term Capital Gains. Additionally, the AO added Rs. 16,50,000/- as unexplained money under section 69A, noting that the cash deposits were made on 13.10.2011, whereas

Allrui Srinivas Raju, Hyderabad vs. DCIT, Circle-12(1), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 1923/HYD/2025[2016-17]Status: DisposedITAT Hyderabad18 Mar 2026AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआयकर अपीलसं./I.T.A. No.1923/Hyd/2025 ("नधा"रणवष"/ Assessment Year: 2016-17) Allrui Srinivas Raju, Vs. Dcit, Hyderabad. Circle-12(1), Pan: Ahepr6968H Hyderabad. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) करदाताका""त"न"ध"व/ : Shri K C Devdas, Ca Assessee Represented By राज"वका""त"न"ध"व/ : Dr. Narendra Kumar Naik, Cit-Dr Department Represented By सुनवाईसमा"तहोनेक""त"थ/ : 12/03/2026 Date Of Conclusion Of Hearing घोषणा क" तार"ख/ : 18/03/2026 Date Of Pronouncement Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Allrui Srinivas Raju, (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 17/10/2025 For The A.Y.2016-17. Allrui Srinivas Raju Vs. Dcit 2. The Assessee Has Raised The Following Rounds Of Appeal:

Section 144Section 147Section 148Section 2

Appellant under section 147 of the Income Tax Act 1961, on the basis of incomplete information and on the premise that long term capital gain is exigible to tax for the assessment year 2016-2017, in respect of development agreement entered into on 10th July 2015, registered as document No.5930/2015 ... based on the decision of Apex Court in the case of Balbir Singh Maini (251 Taxman 202) (2017) and therefore the assessment of long term capital gains at Rs.12,47,22,564/-, in the case of Appellant wholly unsustainable on the facts of the case. (iii) The development agreement