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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

Hemlata Paresh Surana, Mumbai vs. ITO, Ward 19(1)(1), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 5770/MUM/2025[2018-19]Status: DisposedITAT Mumbai28 Nov 2025AY 2018-19

Bench: Shri Narender Kumar Choudhry, Jm Hemlata Paresh Surana I.T.O. Ward 19(1)(1), 4-A, 30-B, Taj Building, A. K. Mumbai Marg, Gowalia Tank, Mumbai Vs. – 400 036. Pan/Gir No. Abeps6199P (Appellant) : (Respondent) Assessee By : Shri R. M. Jain Respondent By : Shri Sandeep Jumale, Sr. Dr Date Of Hearing : 19.11.2025 Date Of Pronouncement : 28.11.2025 O R D E R Per Narender Kumar Choudhry, J M: This Appeal Has Been Preferred By The Assessee Against The Order Dated 24.07.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) 48, Mumbai (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2018-19. 2. In The Instant Case, The Assessee Has Sold 20,500 Shares Of Ammltd/Apu Marketing/Eject Marketing On A Total Consideration Of Rs. 14,92,810/- On Dated 01.02.2018 Through Online Platform/Bombay Exchange & Therefore Has Earned Long Term Capital Gain Of Rs. 12,87,180/- & Claimed The Same As Exempt U/S. 10(38) Of The Act. Hemlata Paresh Surana

For Appellant: Shri R. M. JainFor Respondent: Shri Sandeep Jumale, SR. DR
Section 10(38)Section 143(3)Section 147Section 148Section 250Section 68

AMMLTD/Apu Marketing/Eject Marketing on a total consideration of Rs. 14,92,810/- on dated 01.02.2018 through online platform/Bombay Exchange and therefore has earned long term capital gain of Rs. 12,87,180/- and claimed the same as exempt u/s. 10(38) of the Act. Hemlata Paresh Surana 3. The claim ... assessee though was considered by the AO, however, not being satisfied with the same, disallowed the same by treating the Long Term Capital Gain (‘LTCG’) as bogus and added the amount of Rs. 12,87,180/- in the total income of the Assessee, while relying on various judgements

Nemi Chand, Gudur vs. ITO., Ward-1, Gudur

In the result, appeal filed by the assessee is partly allowed in terms of our aforesaid observations

ITA 1288/HYD/2025[2018-19]Status: DisposedITAT Hyderabad26 Nov 2025AY 2018-19

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1288/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) Nemi Chand, Vs. Income Tax Officer, 1-2-8/11A, 302, 3Rd Floor, Ward-1, Srinivas Street No.1, Guduru. Himayat Nagar, Hyderabad, Telangana. Pan: Achpr2242L (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Sri Sridhar Jhawar, Ca राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 12/11/2025 घोषणा की तारीख/Date Of 26/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 13/06/2025 Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 143(3) R.W.S 144B Of The Income-Tax Act, 1961 (For Short, “Act”), Dated 23/04/2021 For The Assessment Year 2018-19. The Assessee Has 2 Nemi Chand Vs. Ito Assailed The Impugned Order On The Following Grounds Of Appeal Before Us: 1. “Whether On The Facts & Circumstances Of The Case & In Law Whether The Order Of The Learned Commissioner Of Income Tax Was Pervasive In Considering The Income From Capital Gains As Business Income In Terms Of Provisions Of Section 2(14) Read With Section 2(47) 2. Whether On The Facts & Circumstances Of The Case & In Law. Whare Capital Gain Was Invested In Purchase/Construction Of Residential House Within Time Limit Prescribed Under Section 2 54(1), Assessment Order Allowing Assesses Claim Under Section 54 Could Not Be Treated As Erroneous & Prejudicial To Interest Of Revenue Only Because Capital Gain Was Not Deposited In Capital Gain Account Scheme. 3. Any Other Ground (If Any) That May Be Urged At The Time Of Hearing.”

For Appellant: Sri Sridhar Jhawar, CAFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 143(3)Section 2Section 2(14)Section 2(47)Section 54

afore mentioned sale consideration amounted to Rs. 36,17,648/-. The assessee based on the aforesaid facts submitted before the AO that the long term capital gains (LTCG) on the aforesaid transaction of sale of land worked out at Rs. 24,59,649/- during the year under consideration ... invested the entire amount of sale consideration of Rs.36,17,648/- in the afore mentioned house property, therefore, the entire amount of long term capital gain of Rs. 24,59,649/- by him as exempt under section 54 of the Act. 4. The assessee had further submitted before