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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

Snehasish Bhaumik, Kolkata vs. ACIT, Cir. 50(1), Kolkata

In the result, appeal of the assessee is partly allowed

ITA 1429/KOL/2023[2014-15]Status: DisposedITAT Kolkata04 Jun 2024AY 2014-15

Bench: Dr. Manish Borad, Hon’Blei.T.A. No. 1429/Kol/2023 Assessment Year: 2014-15 Snehasish Bhaumik Asstt. Commissioner Of Income A-3/2, Labony Estate Vs Tax, Circle – 50(1), Kolkata Salt Lake, Bidhannagar North Kolkata - 700064 [Pan : Adypb8516H] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, Advocate Revenue By : Shri S.B. Chakraborthy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 07/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 04/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 31/10/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For Assessment Year 2014-15. 2. The Sole Issue Raised In This Appeal Is About The Correctness Of The Amount Of Capital Gain Arising From Sale Of Flat Owned By The Assessee. 3. Facts In Brief Are That The Assessee Is An Individual & Filed Its Return Of Income For Assessment Year 2014-15 On 30/09/2014 Declaring Total Income Of Rs.10,40,570/- & The Same Included Income From Capital Gain At Rs.4,12,278/-. Thereafter, The Assessment Was Completed U/S 143(3) Of The Act On 26/10/2016 & The Assessment Records Were The Subject Matter Before The Ld. Pr. Cit In The Proceedings U/S 263 Of The Act & After Culmination Of The Revisionary Proceedings, Directions Were Given To The Ld. Assessing Officer By The Ld. Pr. Cit To Pass A Fresh

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri S.B. Chakraborthy, JCIT, Sr. D/R
Section 143(3)Section 250Section 263

Assessing Officer calculated the capital gain from sale of flat as short term capital gain at Rs.30,36,003/- as against the long term capital gain of Rs.4,12,278/- declared by the assessee in the income tax return. Aggrieved the assessee preferred appeal before ... both the sides. First point for our consideration is whether the capital gain falls under the category of short term capital gain or long term capital gain. The ld. Assessing Officer has adopted date of purchase of flats as per the registered sale deed of the flat dated 12/12/2011. However

Ketan Harilal Mehta HUF by Its Karta Ketan H Mehta, Mumbai vs. ITO Ward-33(2)(2) Mumbai Presently Juridiction With ITO 42(1)(1) Mumbai, Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 770/MUM/2023[2014-15]Status: DisposedITAT Mumbai03 Jun 2024AY 2014-15

Bench: Shri B R Baskaran & Shri Pavan Kumar Gadaleketan Harilal Mehta Huf Vs. Ito-42(1)(1), (By Its Karta Kautilya Bhavan, Ketanmehta)No.B/1101, Bkc,Bandra(E), Siddhi Vinayak Tower, Mumbai-400051. Opp Phoenix Hospital, Chikuwadi, Mumbai-400092. Pan/Gir No. : Aaehk3266N Appellant .. Respondent Appellant By : Shri. Nishit Gandhi.Ar Respondent By : Shri. P.D. Chougule.Sr.Dr Date Of Hearing 02.04.2024 Date Of Pronouncement 03.06.2024 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac)(Cit(A)) Delhi Passed U/Sec 143(3) & U/Sec250 Of The Income Tax Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Nishit Gandhi.ARFor Respondent: Shri. P.D. Chougule.Sr.DR
Section 10(38)Section 68Section 69C

Harilal Mehta, HUF,Mumbai. 3.2. While doing so the Ld. CIT(A) failed to appreciate that: i. The Appellant had correctly claimed the long term Capital gains on sale of equity shares through recognized stock exchange after paying the due Securities Transactions Tax (STT) thereon; ii. The addition made ... gains and income from other sources. Further the assessee Ketan Harilal Mehta, HUF,Mumbai. has claimed exemption U/sec10(38) of the Act being long term capital gains on sale of shares of Rs. 74,20,500/- and the A.O. has called for the details and information. The AO found that