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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

Deputy Commissioner of Income Tax, Circle-1(1), Chandigarh vs. Rajbir Singh Walia, Chandigarh

The appeal stand dismissed

ITA 1338/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh23 Feb 2026AY 2017-18

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.1338/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2017-18) Dcit Circle-1(1) Shri Rajbir Singh Walia Room No. 214, Second Floor, House No. 345, Sector – 9D बनाम/ Vs. Aaykar Bhawan, Sector -17 E, Chandigarh - 160017 Chandigarh - 160017 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaapw-8792-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Smt. Meenakshi Vohra (Cit) – Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 23-02-2026 घोषणाकीतारीख /Date Of Pronouncement : 23-02-2026 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Addl. / Joint Commissioner Of Income Tax (Appeals)-2, Vadodara [Cit(A)] Dated 25-08-2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143 (3) Of The Act On 27-11-2019. In The Assessment Order, Ld. Ao Re-Computed Long Term Capital Gains As Earned By The Assessee By Denying Cost Of Improvement. The Ld. Cit(A), After Due Consideration Of Assessee’S

For Appellant: NoneFor Respondent: Smt. Meenakshi Vohra (CIT) – Ld. DR (Virtual)
Section 143

Assessing Officer [AO] u/s 143 (3) of the Act on 27-11-2019. In the assessment order, Ld. AO re-computed Long Term Capital Gains as earned by the assessee by denying cost of improvement. The Ld. CIT(A), after due consideration of assessee’s submissions, observed that complete disallowance

Kiran Bala Gupta, Hyderabad vs. ITO, Ward-10(1), Hyderabad

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

ITA 341/HYD/2025[2012-13]Status: DisposedITAT Hyderabad20 Feb 2026AY 2012-13

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.341/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2012-13) Smt. Kiran Bala Gupta, Vs. Income Tax Officer, Hyderabad. Ward-10(1), Pan: Ahvpg6893K Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Av Raghuram, Advocate राज" व "ारा/Revenue By: Ms. Aditi Goyal, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 04/02/2026 घोषणा की तारीख/Date Of 20/02/2026 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 20/12/2024, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 271(1)(C) Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 30/08/2022 For The Assessment Year (Ay) 2012-13. The Assessee Has Assailed The Impugned Order Of The Cit(A) On The Following Grounds Of Appeal:

For Appellant: Shri AV Raghuram, AdvocateFor Respondent: Ms. Aditi Goyal, Sr. AR
Section 10(38)Section 143(2)Section 143(3)Section 271(1)(c)

assessee company. 11. The Ld. AR submitted that the penalty levied in respect of the addition of Rs.1,86,32,023/- relating to long term capital gains (LTCG) on sale of securities is unsustainable in law, since the Hon’ble High Court of Telangana has admitted the assessee’s appeal ... under section 69A of the Act (after treating the sale transaction as genuine and declining of the assessee’s claim for exemption of long term capital gains (LTCG) arising therefrom as exempt under section 10(38) of the Act) was upheld by the Tribunal by dismissing the appeal filed

Tharmiya Subramanian Ramila, Madurai vs. ITO, Ward-1(7), Madurai

ITA 3503/CHNY/2025[2014-15]Status: DisposedITAT Chennai19 Feb 2026AY 2014-15

Bench: Shri S.S. Viswanethra Ravi & Ms. S. Padmavathyआयकर अपील सं./I.T.A. No.3503/Chny/2025 िनधा"रण वष"/Assessment Year: 2014-15 Thamiya Subramanian Ramila, Vs. The Income Tax Officer, No. 391, K.K. Nagar, 8Th East Street, Ward 1(7), Madurai 625 020. Madurai. [Pan:Aehpr1869M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Ranga Ramanujam, Ca ""थ" की ओर से/Respondent By : Ms. Latchana, Jcit सुनवाई की तारीख/ Date Of Hearing : 16.12.2025 घोषणा की तारीख /Date Of Pronouncement : 19.02.2026 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 04.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2014-15. 2. We Find That This Appeal Is Filed With A Delay Of 226 Days. The Assessee Filed An Affidavit For Condonation Of Delay Explaining The Reasons That She Is An Illiterate & Her Husband Has To Look After The Tax Matters

For Appellant: Shri P. Ranga Ramanujam, CAFor Respondent: Ms. Latchana, JCIT
Section 143(3)Section 148Section 2(14)Section 54BSection 54F

value of the said property as per website www.tnreginet.com fixed at ₹. 87 per sq. ft. as on 01.4.2012, accordingly, the Assessing Officer computed long term capital gain to an extent of ₹.1,48,21,447/- which was confirmed by the ld. CIT(A). We note that the assessee contended specifically