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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

M/S. Medi Assist Insurance Tpa Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax, Circle-12(1), Bangalore

In the result, the appeal filed by assessee stands dismissed

ITA 1933/BANG/2018[2011-12]Status: DisposedITAT Bangalore15 Feb 2022AY 2011-12

Bench: Shri B R Baskaran & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Medi Assist Insurance Tpa Pvt. Ltd., The Dy. Commissioner Of Tower ‘D’, 4Th Floor, Ibc Income-Tax, Knowledge Park, 4/1 Bannerghatta Vs. Circle - 4(1)(2), Main Road, Bengaluru. Bengaluru-560 029. Pan –Aaccm 8044 P Appellant Respondent Assessee By : Shri Sudhir Prabhu, C.A Revenue By : Shri Sumeer Singh Meena, Cit(Dr) Date Of Hearing : 10.01.2022 Date Of Pronouncement : 15.02.2022 O R D E R Per Beena Pillaithis Appeal By The Assessee Is Directed Against The Order Of The Cit(A)- 4, Bangalore Dated 22/3/2018 For The Asst. Year 2011-12 For Computing The Short Term Capital Gain At Rs.7,80,38,353/-. 2. The Assessee Raised The Following Grounds Before Us “(I) On The Facts & Circumstances Of The Case & In Law The Learned Dcit & Cit(A) Erred In Computing The Short Term Capital Gain At Rs.7,80,38,353/- By Adding The Negative Net-Worth Instead Of Restricting The Same To Nil As Deeded Cost, Since Cost Cannot Be A Negative Value Page 2 Of 19

For Appellant: Shri Sudhir Prabhu, C.AFor Respondent: Shri Sumeer Singh Meena, CIT(DR)
Section 142(1)Section 50B

held by the assessee for a period of more than 36 months, the capital gain arising from its slump sale is considered as long term capital gain notwithstanding the period for which its individual assets were owned and held. (c) The net worth of the undertaking or the division ... section 48 has been withheld. The possible reason may be quid pro quo. By extending the benefit of lower rate of taxation on long term capital gain as provided u/s 112 to the undertaking as a whole notwithstanding the fact that there may be several assets held by the assessee

Mr. Kishore Nandlal Chabria, Mumbai vs. The Pr. CIT-16, Mumbai

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

ITA 1554/MUM/2020[2015-16]Status: DisposedITAT Mumbai10 Feb 2022AY 2015-16

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1554/Mum/2020 (ननधधारण वर्ा / Assessment Years: 2015-16) बनधम/ Mr. Kishore Nandlal Pcit-16 Room No.437, 4Th Floor Chabria Vs. 51, 5Th Floor, Radheya Aayakar Bhavan, Building, 14Th Road, Khar Maharishi Karve Road, West, Mumbai-400052. Mumbai-400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpc5779R (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Sanjay Singh Revenue By: Shri Vinay Sinha (Dr) सुनवाई की तारीख / Date Of Hearing: 16/11/2021 घोषणा की तारीख /Date Of Pronouncement: 10/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 07.07.2020 Passed By The Principal Commissioner Of Income Tax-16, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2015-16 In Which The Principal Commissioner Of Income Tax-16 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. 1. On The Facts & In The Circumstances Of The Case, The Order Passed By The Learned Principal Commissioner Of Income Tax-16, Mumbai Under Section 263 Of The Income Tax Act. 1961 Is Void Ab Initio Being Had In Law Based On Assumptions & Wrong Facts & Without Jurisdiction. 2. On The Facts & In The Circumstances Of The Case, The Learned Principal Commissioner Of Income Tax-16, Mumbai Has Erred On Facts & In Law In Assuming Jurisdiction Under Section 263 Of The Income Tax Act, 1961 When

For Appellant: Shri Sanjay SinghFor Respondent: Shri Vinay Sinha (DR)
Section 143(2)Section 143(3)Section 263Section 263(1)

assessment without proper verification. (5) Although a salaried person, the assessee‟s bank account reflect huge transactions/transfer entries, which required further investigation. (6) Long term capital gain of Rs.19,74,763/- was not properly verified. (7) Loan transactions and interest on loans required proper verification. (8) Salary was received

DCIT Internationa Taxation Circle, Gurgaon vs. Charu Agarwal, Gurgaon

ITA 1794/DEL/2020[2017-18]Status: DisposedITAT Delhi08 Feb 2022AY 2017-18

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2017-18 Charu Agarwal, Vs Dcit (International Taxation), Tower B-3, Flat 1203, Circle Gurgaon. Parsvnath Exotica, Golf Course Road, Sector 53, Gurgaon (Haryana). Pan: Aclpa8443J Assessment Year: 2017-18 Dcit (International Taxation), Vs. Charu Agarwal, Circle Gurgaon. Tower B-3, Flat 1203, Parsvnath Exotica, Golf Course Road, Sector 53, Gurgaon (Haryana). Pan: Aclpa8443J (Appellant) (Respondent) Assessee By : Shri Rakesh Garg, Advocate Revenue By : Shri M.K. Jain, Sr. Dr Date Of Hearing : 10.11.2021 Date Of Pronouncement : 08.02.2022 Order Per R.K. Panda, Am: These Are Cross Appeals. The First One Is Filed By The Assessee & The Second One Is By The Revenue & Are Directed Against The Order Dated 27Th May, 2020 Of

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri M.K. Jain, Sr. DR
Section 143(2)Section 54Section 54F

sold a residential house in two parts situated in India during the year for a total consideration of Rs.7,31,76,075/- wherein long-term capital gains of Rs.6,57,25,559/- has accrued. The assessee purchased a new residential house property in India for Rs.5,66,89,527/- during ... drew the attention of the Bench to the same and submitted that the dispute in the present appeal centres around the computation of long term capital gains and deduction of the same u/s 54/54F of the IT Act, 1961. Referring to page 278 and 279 of the paper book

Charu Agarwal, Gurgaon vs. DCIT (International Taxation) Circle, Gurgaon

ITA 1367/DEL/2020[2017-18]Status: DisposedITAT Delhi08 Feb 2022AY 2017-18

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2017-18 Charu Agarwal, Vs Dcit (International Taxation), Tower B-3, Flat 1203, Circle Gurgaon. Parsvnath Exotica, Golf Course Road, Sector 53, Gurgaon (Haryana). Pan: Aclpa8443J Assessment Year: 2017-18 Dcit (International Taxation), Vs. Charu Agarwal, Circle Gurgaon. Tower B-3, Flat 1203, Parsvnath Exotica, Golf Course Road, Sector 53, Gurgaon (Haryana). Pan: Aclpa8443J (Appellant) (Respondent) Assessee By : Shri Rakesh Garg, Advocate Revenue By : Shri M.K. Jain, Sr. Dr Date Of Hearing : 10.11.2021 Date Of Pronouncement : 08.02.2022 Order Per R.K. Panda, Am: These Are Cross Appeals. The First One Is Filed By The Assessee & The Second One Is By The Revenue & Are Directed Against The Order Dated 27Th May, 2020 Of

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri M.K. Jain, Sr. DR
Section 143(2)Section 54Section 54F

sold a residential house in two parts situated in India during the year for a total consideration of Rs.7,31,76,075/- wherein long-term capital gains of Rs.6,57,25,559/- has accrued. The assessee purchased a new residential house property in India for Rs.5,66,89,527/- during ... drew the attention of the Bench to the same and submitted that the dispute in the present appeal centres around the computation of long term capital gains and deduction of the same u/s 54/54F of the IT Act, 1961. Referring to page 278 and 279 of the paper book