← All Phrases

“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

The Deputy Commissioner of Income Tax, Chennai vs. Shri Mohammed Dawood Sultan Abdul Kadar, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 25/CHNY/2021[2016-17]Status: DisposedITAT Chennai28 Oct 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.25/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 The Deputy Commissioner Of Vs. Shri Mohamed Dawood Sultan Abdul Income Tax, Circle 2, Kader, Kolikalpalayam, Thiruvarur, Trichy. Tamil Nadu 610 001. [Pan:Brdps5653L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Hema Bhupal, Jcit ""थ" की ओर से/Respondent By : Shri S. Sankaralingam, Cit (Retd.) सुनवाई की तारीख/ Date Of Hearing : 29.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Trichy, Dated 23.09.2020 Relevant To The Assessment Year 2016-17. The Only Issue Involved In This Appeal Is Relating To The Land Acquisition Compensation Under Compulsory Acquisition By The Government Is Exempt Or Not.

For Appellant: Shri D. Hema Bhupal, JCITFor Respondent: Shri S. Sankaralingam, CIT (Retd.)

held that the entire land acquisition compensation received by the assessee is exempt, whether it is short term capital gains or long term capital gains. 4. Against the order passed by the ld. CIT(A), the Revenue is in 3 I.T.A. No. 25/Chny/21 appeal before the Tribunal

Kundanmal Keshrimalji Dhakad, Mumbai vs. Income Tax Officer WD-18(2) (2), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1691/MUM/2022[2014-15]Status: DisposedITAT Mumbai26 Oct 2022AY 2014-15

Bench: Shri Aby T Varkey & Shri Amarjit Singhkundanmal Keshrimalji Vs. Income-Tax Officer, Dhakad, Shop No.14, Ward 18(2)(2), Ladivala Chambers, Matru Mandir, Tardeo, Sheikh Memon Street, Mumbai – 400 007 Zaveri Bazar, Mumbai – 400 002 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aeepd9718G Appellant .. Respondent Appellant By : None Respondent By : Sridhar Govind Menon Date Of Hearing 20.10.2022 Date Of Pronouncement 26.10.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Nfac, Delhi, Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Act. The Assessee Has Raised The Following Grounds Before Us: “1. The National Faceless Appeal Centre, Hereinafter Referred To As "Nfac" Has Erred In Deciding The Appeal Of The Appellant Ex-Parte On 30 April, 2022 Ignoring The Fact That The Adjournment Request Of The Appellant Dated 25Th April, 2022 Requesting For Adjournment Till 10Th May, 2022 Was Already On Records & The Same Was Pending As On The Date Of Deciding The Appeal.

For Appellant: NoneFor Respondent: Sridhar Govind Menon
Section 143(3)Section 271(1)(c)Section 274

that assessment u/s 143(3) of the Act was completed on 08.12.2016. During the course of assessment the A.O has surrendered the long term capital gain claimed in respect of the script of S.R.K Industries and submitted that as per provisions of IDS scheme he could not declare the income

Bhaskar Arvind Kumar Hingad, Mumbai vs. Asstt CIT-24(1), Mumbai

In the result, the appeal of the assessee stands allowed

ITA 692/MUM/2022[2014-15]Status: DisposedITAT Mumbai21 Oct 2022AY 2014-15

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.692/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2014-15) Bhaskar Arvind Kumar बिधम/ Acit-24(1) Hingad 601, 6Th Floor, Piramal Vs. Flat No. 1, Ratnakar Chambers, Lalbaug, Parel, Building, 26 Narayan Mumbai-400012. Dhabolkar Road, Mumbai- 400006. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacph2812F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 29/08/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Preferred By The Assessee Is Against The Order Of The Ld. Principal Commissioner Of Income Tax-20 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 31.03.2022 For Assessment Year 2014- 15 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Vijay MehtaFor Respondent: Dr. Mahesh Akhade (DR)
Section 143(3)Section 263

shown in the balance sheet. The source of capital was not verified. 4 A.Y. 2014-15 Bhaskar Arvind Kumar Hingad c) The long term capital gain on sale of shares of Rs.1,49,18,288/- and the source of purchase of these shares were not verified. The assessee’s claim ... shown in the Balance Sheet for the relevant year, but the quantum of increase during the year was not ascertained. III. Long Term Capital Gain of Rs.1,41,18,288/- on sale of shares was claimed as exempt by the assessee. IV. Confirmation in respect of Unsecured loans of Rs.8

Bhupati Investments & Finance P.Ltd, Mumbai vs. ITO 5(1)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1134/MUM/2022[2017-18]Status: DisposedITAT Mumbai17 Oct 2022AY 2017-18

Bench: Shri Aby T Varkey & Shri Amarjit Singhm/S Bhupati Investments Vs. Pr. Commissioner Of & Finance Pvt. Ltd. Income Tax-6 B-34/35, 3Rd Floor, 501, 5Th Floor, Aayakar Paragon Condominium, Bhavan, Maharishi Karve Pandurang Budhkar Road, Marg, Worli, Mumbai - 400020 Mumbai – 400013 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacb0441P Appellant .. Respondent Appellant By : Aarti Vissanji Respondent By : Ajay Chandra Date Of Hearing 11.10.2022 Date Of Pronouncement 17.10.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Pr. Cit-6, Mumbai, Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Act For A.Y. 2017-18. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Principal Commissioner Of Income-Tax (Pr. Cit) Erred In Passing An Order U/S 263 & Directing The Assessing Officer To Modify The Order Dated 16/12/2019 Passed U/S 143(3) Of Income Tax Act, 1961. Your Appellants Submit That The Order Of The Pr. Cit Is Illegal, Bad In Law & Void & The Same Ought To Be Quashed.

For Appellant: Aarti VissanjiFor Respondent: Ajay Chandra
Section 115JSection 143(3)Section 14ASection 263

Pr.CIT was of the view that all these investments were liable to general exempt income by way of long term capital gain. The ld. Pr.CIT also stated that CBDT vide its circular no. 5/2014 dated 11.02.2014 has clarified that disallowance related to the expenditure incurred to earn exempt income shall