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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

Deepak Srichand Bathija, Mumbai vs. NFAC, Delhi

In the result, the appeal of the assessee is allowed

ITA 2600/MUM/2022[2012-2013]Status: DisposedITAT Mumbai22 Dec 2022AY 2012-2013

Bench: Shri Aby T. Varkey, Jm & Shri M. Balaganesh, Am आयकर अपील सं/ I.T.A. No.2600/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Deepak Srichand Bathija बिधम/ Nfac, Delhi 5-B, Elegant Apartment, 3, Room No. 356 C.R. Vs. Sobhani Road, Cuffe Building, New Delhi- Parade, Mumbai-400005. 110002. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaapb6001A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hari Raheja Revenue By: Shri Vaibhav Jain सुनवाई की तारीख / Date Of Hearing: 13/12/2022 घोषणा की तारीख /Date Of Pronouncement: 22/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 25.08.2022 For The Assessment Year 2012-13. 2. The Assessee Has Filed Eleven (11) Grounds, However, At The Outset, The Ld. Ar Drew Our Attention To Ground No. 1 Wherein The Assessee Has Challenged The Validity Of Reopening Of The Assessment Made By The Ao U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Without Satisfying The Condition Precedents U/S 147 Of The Act. Since It Is A Legal Issue We Would Like To Adjudicate The Same First.

For Appellant: Shri Hari RahejaFor Respondent: Shri Vaibhav Jain
Section 147Section 148

Sampada were utilized for providing bogus long term accommodation entries to various beneficiaries including the assessee’s who had availed exemption of bogus Long Term Capital Gain (LTCG) of 7 A.Y. 2012-13 Deepak Srichand Bathija Rs.66,01,274/- on sale of bogus shares of M/s. Sampada

Saytidevi Kantilal Bhandari, Mumbai vs. The ITO - Ward- 19(3)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1734/MUM/2020[2008-09]Status: DisposedITAT Mumbai22 Dec 2022AY 2008-09

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1734/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2008-09) Saytidevi Kantilal Bhandari बिधम/ Ito, Ward-19(3)(2) Room No. 224, 2Nd Floor, 162, Tp Street, 6 Vs. Kumbharwada, Mumbai- Matru Mandir, Tardeo 400004. Road, Mumbai-400007. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aghpb9079K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sanjiv M. Shah & Rajesh Chamaria Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 01/12/2022 घोषणा की तारीख /Date Of Pronouncement: 22/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax-30, Mumbai Dated 16.12.2019 For Assessment Year 2008-09. 2. At The Outset, The Assessee Drew Our Attention To The Grounds Of Appeal Wherein He Has Raised The Legal Issue Regarding Validity Of Reopening Of Assessment By Ao U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri Sanjiv M. Shah & RajeshFor Respondent: Smt. Nayana K. Kumar
Section 133ASection 143(1)Section 147Section 148

Unit-I, Mumbai vide letter No. Addl. DIT (Inv.)/Unit-I/Kamal Rathi/2012-13 dated 8.11.2012 regarding issue of accommodation entries in the nature of bogus long term capital gain and short term capital gain by one Shri Kamal Kishore Rathi. During the course of Survey Action u/s. 133A in the case ... over the same to one Mr. Jugal Kishore Lahoti for printing the bogus contract notes. He provides accommodation entries in the form of long term capital gain, short term capital gain, speculation profit/loss, bogus share capital introduction, bogus commission entries, bogus donation, bogus loan entries and bogus billing. 3. During

P. Ananthram, Coimbatore vs. ACIT, Non-Corporate Circle-2, Combatore Main Building, 63, Race Course Road, Coimbatore

In the result, the appeal of the assessee is allowed

ITA 155/CHNY/2021[2016-17]Status: DisposedITAT Chennai21 Dec 2022AY 2016-17

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.155/Chny/2021 िनधा"रण वष" /Assessment Year: 2016-17 P. Ananth Ram, The Asst. Commissioner Of 36, West Venkataswamy Road, Vs. Income Tax, R.S. Puram, Non Corporate Circle-2, Coimbtore – 641 002. Coimbatore. [Pan: Anxpa-6262-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri R. Vijayaraghavan, Advocate ""यथ" क" ओर से /Respondent By : Shri S. Marudhu Pandyan, Cit सुनवाई क" तारीख/Date Of Hearing : 21.12.2022 घोषणा क" तारीख /Date Of Pronouncement : 21.12.2022

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri S. Marudhu Pandyan, CIT
Section 143(3)Section 263Section 54

second one being shares received in rights issue. Therefore, according to him for claiming deduction u/s. 54 of the Act, the long term capital gain or loss should be calculated in two :- 4 -: slots and he recomputed the claim of long term capital gain and worked out that the carry ... case of CIT vs. Vijay M. Mahtaney [2013] 217 Taxman 0015 (Mad.) clearly in favour of assessee that the computation of working on long term capital gain is to be done on loss that has to be looked at first is not with reference to the loss arising in respect

Late Shri K.Kandasamy Rep by L/H Smt. K.Amirtham, Trichy vs. ITO Ward 1(2), Trichy

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1522/CHNY/2019[2007-08]Status: DisposedITAT Chennai20 Dec 2022AY 2007-08

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 1522/Chny/2019 िनधा"रण वष"/Assessment Year: 2007-08 Late Shri K. Kandasamy, The Income Tax Officer, Rep. By L/H Smt. K. Amirtham, Vs. Ward – 1(2), No.52, Dindigul Main Road, Trichy. Karumandapam, Trichy – 620 001. Pan : Awgpk 0750R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई क" तार"ख/Date Of Hearing : 20.12.2022 घोषणा क" तार"ख/Date Of Pronouncement : 20.12.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-1, Trichy In Ita No.260/2014-15/Cit(A)-1/Try Dated 24.04.2019. The Assessment Was Framed By The Income Tax Officer, Ward-I(2), Tiruchirappalli For The Assessment Year 2007-08, U/S.143(3) R.W.S. 147 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 26.03.2015. 2. The Only Issue Remains For Adjudication Is As Regards To The Order Of Cit(A) Confirming The Action Of Ao In Computing Long Term Capital Gain On Sale Of Land Situated At Kuniamuthur, Coimbatore Admeasuring 6.75½ Acres For A Consideration Of Rs.45 Lakhs As Per Sale Deed But Addition Confirmed Based On Sworn Statement Of The Assessee Admitting The Sale Consideration At Rs.2,63,99,250/-.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 131Section 143(2)Section 143(3)Section 148

only issue remains for adjudication is as regards to the order of CIT(A) confirming the action of AO in computing long term capital gain on sale of land situated at Kuniamuthur, Coimbatore admeasuring 6.75½ acres for a consideration of Rs.45 lakhs as per sale deed but addition confirmed based

Seth Industries Pvt. Ltd, Mumbai vs. ACIT C 2(3)(2), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 4685/MUM/2019[2010-11]Status: DisposedITAT Mumbai16 Dec 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm आयकरअपीलसं/ I.T.A. No.4685/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2010-11) M/S Seth Industries Pvt. Ltd. बिधम/ Acit Circle- 2(3)(2) 16, Ashoka Shopping Centre, Room No. 552, Vs. Lokmanya Tilak Marg, Aayakar Bhavan Crawford Market Mumbai-400020. Mumbai-400001. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aaecs9189D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Salil Kapoor & Shri Sunil Lalchandani Revenue By: Shri. Mahender Ahuja सुनवाईकीतारीख / Date Of Hearing: 21/11/2022 घोषणाकीतारीख /Date Of Pronouncement; 16/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

For Appellant: Shri Salil Kapoor & Shri SunilFor Respondent: Shri. Mahender Ahuja
Section 143(3)Section 147Section 148

balance Rs. 2,45,19,781/- to the assessee company in full and final settlement. The assessee offered this amount for tax has long term capital gain in A.Y. 2008-09.” 5. Thus it is taken note that AO in the assessment order ... acknowledged the fact that the assessee had already offered 6 AY 2010-11 M/s Seth Industries tax on the long term capital gain in respect of sale consideration on the property at sale consideration of Rs. 2,45,19,781/-. In this back-drop regarding this immovable property