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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

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

The appeal stands partly allowed

ITA 581/CHNY/2022[2011-12]Status: DisposedITAT Chennai09 Apr 2024AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.581/Chny/2022 (िनधा)रण वष) / Assessment Year: 2011-12) 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. "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 : 09-04-2024 आदेश / O R D E R

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

Vide sale deed dated 26.06.1996 (57.5% of Rs.2,80,000 Rs.1,61,000 Indexed cost of acquisition (161000*711/305) Rs. 3,75,315 Long Term Capital Gain Rs. 4,28,785/- ii) Sale of land of 50 cents ( 42.5% of total land holding on 1 acre 17 ¾ cents ) Sale consideration ... Paulin through GPOA on 25.03.2009 Rs.2,50,000 Rs. 8,32,850/- Short Term Capital Gain 2.6 As against this, the assessee admitted Long-Term Capital Gain of Rs.0.40 Lacs only. The same was on account of the fact that the assessee claimed transfer expenses of Rs.0.94 Lacs. The assessee

Ratnagiri.ITO1@Incometax.Gov.in, Ratnagiri vs. Mangala Hari Ingale, Pune

In the result, appeal of the Revenue is Partly Allowed for Statistical Purpose

ITA 1056/PUN/2023[2018-19]Status: DisposedITAT Pune02 Apr 2024AY 2018-19

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1056/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 The Income Tax Officer-1, Mangala Hari Ingale, Ratnagiri. V G-1604, Empire Square, Near S Auto Cluster Chinchwad East, Pune City, Chinchwad East S.O., Pune – 411019. Pan: Aaipi0141G Appellant / Revenue Respondent / Assessee Assessee By None. Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 01/04/2024 Date Of Pronouncement 02/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 14.08.2023. The Revenue For A.Y.2018-19 Has Raised The Following Grounds Of Appeal : “I. The Ld.Cit(Appeals) Erred In Accepting The Self-Serving Documents Not Corroborated By Evidence & Which Had Not Stood The Test Of Enquiries In Assessment Proceedings. Ii. The Ld.Cit(Appeals) Erred In Not Allowing The Ao To Examine The Additional Evidence Admitted By Him As Per The Provisions U/S Mangala Hari Ingale [R]

Section 112Section 250Section 69

NFAC has erred in deleting the addition of Rs.37.50,000/- made on account of Tax ion Long Term Capital Gain u/s 112 of the Act on sale of immovable property. v. On the facts and in the circumstances of the case and in law, the Ld. CIT(A), NFAC