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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

Shama Ajay Patel, Ahmedabad vs. The CIT(It & Tp), Ahmedabad

The appeal of the assessee is allowed

ITA 132/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad26 Apr 2024AY 2017-18

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2017-18 Shama Ajay Patel, Vs. 2, Chandroday Society, The Cit(It & Tp), Opp. Golden Triangle, Sp Ahmedabad Stadium Road, Navjivan Post, Ahmedabad-380014 Pan : Alxpp 5273 E अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Sunil Talati, Ar Revenue By : Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01.02.2024 घोषणा क" तारीख /Date Of Pronouncement: 26.04.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (It & Tp), Ahmedabad [Hereinafter Referred To As Ld. "Cit(It & Tp)" For Short] Dated 08.02.2023, In Exercise Of His Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2017-18. 2. The Grounds Raised By The Assessee Challenging The Impugned Order Of The Ld. Cit (It & Tp) Reads As Under:- “1. The Ld. Cit Has Erred In Passing Order U/S 263 Without Jurisdiction & Appropriate Powers Available Under The Act. It Is Submitted That The Order Passed U/S. 263 Is Bad In Law As A.O. Has Neither Committed Any Error Nor It Is Prejudicial To The Interest Of Revenue. It Be Held Now.

For Appellant: Shri Sunil Talati, ARFor Respondent: Dr. Darsi Suman Ratnam, CIT-DR
Section 132Section 147Section 263

entire arrangement as appearing in the facts of this case, it is held that this is merely a colourable device for claiming bogus long term capital gain and exemption u/s 10(38) of the Act. We find that there is a direct investigation report of the Investigation Wing, Kolkata. There ... jacked up and the prices kept on raising till desired level and thereafter are routed through entry providers in order to obtain bogus long term capital gain and claiming exemption u/s 10(38) of the Act. This is nothing but tax evasion which is not permissible within the frame work

Mathaiyan Saravanakumar, Salem vs. ITO, Salem, Salem Tamilnadu

The appeal stands partly allowed in terms of our above order

ITA 243/CHNY/2023[2014-15]Status: DisposedITAT Chennai25 Apr 2024AY 2014-15

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.243/Chny/2023 (िनधा)रण वष) / Assessment Year: 2014-15) Shri Mathaiyan Saravanakumar Acit #1/92, Kailash Nagar 4Th Cross बनाम Circle-2(1) Brinvadan Road, Fairlands Salem. / Vs. Salem-636 016. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Avdps-4253-K (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri T.S. Lakshmi Venkataraman (Fca) -Ld. Ar " थ"कीओरसे/Respondent By : Shri Ar V Sreenivasan (Addl. Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 10-04-2024 घोषणाकीतारीख /Date Of Pronouncement : 25-04-2024 आदेश / O R D E R

For Appellant: Shri T.S. Lakshmi Venkataraman (FCA) -Ld. ARFor Respondent: Shri AR V Sreenivasan (Addl. CIT) - Ld. DR
Section 143(3)Section 43CSection 50CSection 56(2)(viib)Section 96

case, the first appellate authority is not justified in confirming the action of the AO in bringing to tax under the head long term capital gains in respect of property to an extent of 76.41 cents acquired under the land acquisition act, which has been judicially settled that gains arising ... cost of improvement made by the assessee to an extent of Rs.22,84,468/- which has been claimed as a deduction in computing long term capital gains. 1.2 The assessee has raised additional grounds of appeal on 31.12.2023 which read as under: - 1. On the facts and circumstances

D.Ramgopal, Coimbatore vs. DCIT, Central Circle-1(1), Coimbatore

The appeal stand partly allowed in terms of our above order

ITA 582/CHNY/2022[2012-13]Status: DisposedITAT Chennai25 Apr 2024AY 2012-13

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.582/Chny/2022 (िनधा)रण वष) / Assessment Year: 2012-13) Shri D. Ramagopal Acit बनाम C/O Mr. G.V. Jhabakh (Fca) Central Circle-1 157, P.M Swamy Colony, Coimbatore. / Vs. 5Th Street, Coimbatore-641 002. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Akgpr-3621-L (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Jhabakh (Ca)- Ld. Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit)-Ld. Dr सुनवाईकीतारीख/Date Of Final Hearing : 18-03-2024 घोषणाकीतारीख /Date Of Pronouncement : 25-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeal By Assessee For Assessment Year (Ay) 2012-13 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals)-19, Chennai [Cit(A)] On 25.05.2022 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S 153A Of The Act On 30.03.2016. The Grounds Raised By The Assessee Read As Under: -

For Appellant: Shri Jhabakh (CA)- Ld. ARFor Respondent: Shri Nilay Baran Som (CIT)-Ld. DR
Section 131Section 132Section 143(3)Section 153ASection 271F

admitted any gains in the return of income. However, during the course of assessment proceedings, the assessee filed a computation of Long-Term Capital Gain (LTCG) in respect of the two properties as under: "Long Term Capital' Gain Land 19/01/2012 Value u/s 50C 320500 Sales Consideration Received 320500 Sales Consideration ... Tanbit Court Fees FY 2004-05 215500/480*785 ------------ 352432.29 -47957.29 Capital Loss Rs.47957.29 will not set off from any other head of income' Long Term Capital Gain Land 12/03/2012 Value u/s 50C 325000 Sa/es Consideration Received 325000 Sales Consideration 325000 Less: Transfer Expenses 16025 Less: indexed Cost 324712 Tanbit Court

Penupetruni Chinna Rao, Chennai vs. ITO, International Taxation, Ward-1(1), Chennai

In the result, the appeal stand partly allowed

ITA 401/CHNY/2022[2016-17]Status: DisposedITAT Chennai25 Apr 2024AY 2016-17

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.401/Chny/2022 (िनधा*रण वष* / Assessment Year: 2016-17) Mr. Penupatruni Chinna Rao Ito बनाम 8, Pughs Road, Sundaram Salai, International Taxation, / Vs. R.A. Puram, Chennai-600 028. Ward-1(1), Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aecpc-1481-R (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms. N.V. Lakshmi (Advocate) - Ld. Ar " थ"कीओरसे/Respondent By : Shri D. Hema Bhupal (Jcit)- Ld. Sr. Dr सुनवाईकीतारीख/Date Of Final Hearing : 04-03-2024 घोषणाकीतारीख /Date Of Pronouncement : 25-04-2024 आदेश / O R D E R

For Appellant: Ms. N.V. Lakshmi (Advocate) - Ld. ARFor Respondent: Shri D. Hema Bhupal (JCIT)- Ld. Sr. DR
Section 143(3)Section 2(47)(v)Section 50C(1)Section 54Section 54B

appellant and contrary to the facts and circumstances of the case. B. The learned CIT(A) erred in holding that income from long term capital gains arising out of transfer of immovable property is assessable in the assessment year (A Y) 2016-17 as against the appellant contending that ... long-term capital gain is assessable in the AY 2013-14. C. The learned CIT(A) failed to appreciate that in view of the satisfaction of the conditions prescribed in section 2(47)(v) r.w.s.53A of the Transfer of Property Act, 1882, particularly, handing over of possession to the purchaser

Shantichand Balchand Borar, Ahmedabad vs. Income Tax Officer, Ward 5(3)(2), Vejalpur

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 33/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad24 Apr 2024AY 2013-14

Bench: Ms. Suchitra Raghunath Kambleआयकर अपील सं./I.T.A. No. 33/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2013-14) Shantichand Balchand The Income Tax Officer बनाम/ Ward 5(3)(2), Vejalpur, Borar Vs. N-101, Orchid Whitefield, Ahmedabad Near Makarba Railway Crossing, Makarba, Gujarat 380051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aehpb5346P (Appellant) .. (Respondent) Shri Prakash D. Shah & Shri Saiyam अपीलाथ" ओर से /Appellant By : V. Shah, A.Rs. ""यथ" क" ओर से/Respondent By : Shri Ketan Gajjar, Sr. Dr 01/04/2024 Date Of Hearing 24/04/2024 Date Of Pronouncement O R D E R The Appeal Is Filed By The Assessee Against The Order Dated 21.08.2023 Passed By The National Faceless Appeal Centre (Nfac), Delhi, For Assessment Year 2013-14. 2. The Grounds Of Appeal Filed By The Assessee Are As Under:

For Appellant: V. Shah, A.RsFor Respondent: Shri Ketan Gajjar, Sr. DR
Section 144Section 147

information available with the Income Tax Department, the assessee claimed bogus deduction of Rs.16,83,123/- by computing long term capital gain on sale of immovable property. The AO observed that the assessee invested amount of Rs.96 Lakhs in time deposits during F.Y. 2012-13 source of which