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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

Income Tax Officer-12(1)(1), Mumbai vs. Ankita Reality and Development Private Limited, Mumbai

In the result, the appeal of the revenue as well as CO of the assessee are dismissed

ITA 2212/MUM/2023[2015-2016]Status: DisposedITAT Mumbai31 Oct 2023AY 2015-2016

Bench: Shri Aby T. Varkey, Jm & Shri Prashant Maharishi, Am आयकर अपील सं/ I.T.A. No.2212/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2015-16) Ito-12(1)(1) बिधम/ Ankita Reality & Room No.129 1St Floor, Development Pvt. Ltd. Vs. Aayakar Bhavan, M. H. Cts-40-44, Sahara India Road, Mumbai-400020. Points, Sv Road, Goregaon West, Mumbai- 400104. Cross Objection No. 106/Mum/2023 Arising Out Of I.T.A. No.2212/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2015-16) Ankita Reality & बिधम/ Ito-12(1)(1) Room No.129 1St Floor, Development Pvt. Ltd. Vs. Cts-40-44, Sahara India Aayakar Bhavan, M. H. Points, Sv Road, Goregaon Road, Mumbai-400020. West, Mumbai-400104. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaeca4513D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Siddharth Srivastave/Ms. Ekta Shah Revenue By: Shri Manoj Kumar Sinha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 17/10/2023 घोषणा की तारीख /Date Of Pronouncement: 31/10/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue & The Cross- Objection (Co) Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 19.04.2023 For The Ay 2015-16. 2. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) Deleting The Penalty Levied U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Pointed Out That Assessee Had Not 2 Co. No.106/M/23 A.Y. 2015-16 Ankita Reality & Development Pvt. Ltd. Filed The Return Of Income U/S 139(1) Of The Act. & The Cross- Objection (Co) Has Been Filed By The Assessee, Supporting The Action Of The Ld Cit(A), As Well As Has Raised Certain Legal Issues.

For Appellant: Shri Siddharth Srivastave/Ms. EktaFor Respondent: Shri Manoj Kumar Sinha (Sr. AR)
Section 139(1)Section 139(4)Section 147Section 148Section 194CSection 271(1)Section 271(1)(c)Section 274

relevant documents i.e. copy of profit & loss account, and balance-sheet from which the AO noted that the assessee had also shown Long Term Capital Gain (LTCG) of Rs.10,58,34,090/-. And the AO accepted the return of income filed by assessee in response to the notice ... appearing in the Income Tax online system. However, after considering manual return receipt, Computation of income, Profit & Loss A/c, Balance sheet and the Long Term Capital Gain returned of Rs.10,58,34,090/-, the AO vide his assessment order dated 24.03.2022 accepted the income returned and in particular the Long

Anil Shankar Palewar, Nagpur vs. Income Tax Officer, Ward-5(1), Nagpur

In the result, appeal of the assessee is allowed

ITA 36/NAG/2022[2015-16]Status: DisposedITAT Nagpur31 Oct 2023AY 2015-16

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.36/Nag/2022 िनधा"रण वष" / Assessment Year : 2015-16 Anil Shankar Palewar, The Income Tax Officer, Plot No.219, Suyog Nagar, V Ward-5(1), Nagpur. Nagpur – 440015. S Pan: Abzpp 8221 A Appellant / Assessee Respondent / Revenue Assessee By Shri Kapil Hirani – Ar Revenue By Smt. Rashmi Mathur – Sr.Dr Date Of Hearing 26/10/2023 Date Of Pronouncement 31/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed Against The Order Of Ld. Commissioner Of Income Tax[Nfac], Delhi Dated 26.12.2021Under Section 250 Of The Act, 1961 For The Assessment Year 2015-16. The Assessee Has Raised Following Grounds Of Appeal : “1) On The Facts & Circumstances Of The Case & In Law, The Ld. Ao Grossly Erred In Disallowing & The Ld. Cit(A) Nfac, Delhi Grossly Erred In Confirming The Denial Of Benefit Of Exemption Under Section 54Ec Of The Income Tax Act, 1961 As Claimed By The Appellant In His Return Of Income. The Exemption Under Section 54Ec Anil Shankar Palewar [A]

Section 250Section 54ESection 54F

TOTAL 80,20,000 2 Anil Shankar Palewar [A] 3) The sale of impugned property resulted in Long Term Capital Gain of Rs.71,15,365. 4) The Appellant claimed exemption under section 54F for an amount of Rs.24,78,917 which is accepted by the AO and is undisputed ... have carefully considered the rival submissions. In this case, the dispute before us is with respect to the claim of exemption of long term capital gain on sale of land with respect to investments of Rs 12,50,000/- and Rs 37,50,000/- made on 3.8.2007 and 27.10.2007 respectively

Maga Sai Ramalingavara Prasad Govada, Visakhapatnam vs. Assistant Commissioner of Income Tax, Circle-(1), Visakhapatnam

In the result, appeals of the assessee are allowed for statistical purpose

ITA 210/VIZ/2023[2010-11]Status: DisposedITAT Visakhapatnam31 Oct 2023AY 2010-11

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.209/Viz/2023 & 210/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2010-11) Maga Sai Ramalingavara Prasad Vs. Asst.Commissioner Of Govada Income Tax [Rep.By Legal Heir Son Circle-1(1) Mr.G.Balakrishna] Visakhapatnam D.No.31-35-41, Vivekananda Colony Assam Gardens Visakhapatnam [Pan : Aappg5719B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri G.Bala Krishna, Ar प्रत्यधथी की ओर से / Respondent By : Shri Madhukar Aves, Dr सुनवधई की तधरीख / Date Of Hearing 11.10.2023 : घोर्णध की तधरीख/Date Of Pronouncement : 31.10.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee’S Legal Heir, His Son, Shri G.Balakrishna Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)], Delhi Dated 31.05.2023. Since, The Grounds Raised In The Appeals Are Identical In Nature, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.No.209/Viz/2023. 2

For Appellant: Shri G.Bala Krishna, ARFor Respondent: Shri Madhukar Aves, DR
Section 133(6)Section 144Section 148Section 250

assessment ex- parte as per provisions of section 144 of the Act as the assessee is liable to pay tax on his long term capital gains. 3. Aggrieved by the order of the AO, the assessee preferred an appeal before the CIT(A) and the Ld.CIT(A) upheld the assessment

Maga Sai Ramalingavara Prasad Govada, Visakhapatnam vs. Assistant Commissioner of Income Tax, Circle-1(1), Visakhapatnam

In the result, appeals of the assessee are allowed for statistical purpose

ITA 209/VIZ/2023[2010-11]Status: DisposedITAT Visakhapatnam31 Oct 2023AY 2010-11

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.209/Viz/2023 & 210/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2010-11) Maga Sai Ramalingavara Prasad Vs. Asst.Commissioner Of Govada Income Tax [Rep.By Legal Heir Son Circle-1(1) Mr.G.Balakrishna] Visakhapatnam D.No.31-35-41, Vivekananda Colony Assam Gardens Visakhapatnam [Pan : Aappg5719B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri G.Bala Krishna, Ar प्रत्यधथी की ओर से / Respondent By : Shri Madhukar Aves, Dr सुनवधई की तधरीख / Date Of Hearing 11.10.2023 : घोर्णध की तधरीख/Date Of Pronouncement : 31.10.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee’S Legal Heir, His Son, Shri G.Balakrishna Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)], Delhi Dated 31.05.2023. Since, The Grounds Raised In The Appeals Are Identical In Nature, These Appeals Are Clubbed, Heard Together & A Common Order Is Being Passed For The Sake Of Convenience As Under. Facts Are Extracted From I.T.A.No.209/Viz/2023. 2

For Appellant: Shri G.Bala Krishna, ARFor Respondent: Shri Madhukar Aves, DR
Section 133(6)Section 144Section 148Section 250

assessment ex- parte as per provisions of section 144 of the Act as the assessee is liable to pay tax on his long term capital gains. 3. Aggrieved by the order of the AO, the assessee preferred an appeal before the CIT(A) and the Ld.CIT(A) upheld the assessment