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“long term capital gains”

Capital GainsSection 2(29A)Section 2(29A)2,289 judgments

The decision most relied on for long term capital gains is PCIT v. Swati Bajaj (139 Taxmann.com 352), cited in 443 judgments on BharatTax.

Leading authorities on long term capital gains

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 gains

Nitin Parkash, Thane vs. DCIT Cir 3, Thane

ITA 1540/MUM/2018[2011-12]Status: DisposedITAT Mumbai22 Aug 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 817/मुं/2015 ("न.व. 2011-12) आअसं. 1540/मुं/2018 ("न.व. 2011-12) Mr. Nitin Parkash , 221/222, Swasstik Plaza, Pokhran Road No.2, Subhash Nagar, Thane (W) – 400 601 Pan: Aaspp-1411-G ...... अपीलाथ" /Appellant बनाम Vs. Dy. Commissioner Of Income Tax, Circle- 3, Thane. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : S/Shri Rajiv Khandelwal & Akash Kumar ""तवाद" "वारा/Respondent By : Shri Tharian Oommen& Shri B.K.Bagchi सुनवाई क" "त"थ/ Date Of Hearing : 27/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 22/08/2022 आदेश/ Order Per Vikas Awasthy, Jm: The Appeal Of The Assessee In Ita No.817/Mum/2015 Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-2, Thane [In Short ‘The Cit(A)] Dated 01/01/2015 For The Assessment Year 2011-12. This Appeal Is In The Second Round Before The Tribunal. Earlier This Appeal Of The Assessee Was Decided By The Tribunal Vide Order Dated 19/03/2018. Thereafter, The Assessee Filed Miscellaneous Application, Vide Ma No.271/Mum/2018 Seeking

For Appellant: S/Shri Rajiv Khandelwal and Akash KumarFor Respondent: Shri Tharian Oommen& Shri B.K.Bagchi
Section 2(14)Section 48

relevant to the assessment year under appeal, the assessee vide registered agreement dated 13/08/2010 sold the flats. For the purpose of computation of ‘long term capital gain’ the assessee claimed indexation on purchase price of Rs.2,03,36,000/- from the F.Y.2004-05 i.e. the year in which the assessee ... Thus, the Assessing Officer made addition of Rs.45,94,084/- [ Rs.3,01,22,700 - Rs.2,55,28,616] on account of long term capital gains. 6. We find that in similar set of facts, in the case of Lata G. Rohra vs. DCIT(Supra) the Co-ordinate Bench upheld

Nitin Parkash, Thane vs. DCIT Cir 3, Thane

ITA 817/MUM/2015[2011-12]Status: DisposedITAT Mumbai22 Aug 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 817/मुं/2015 ("न.व. 2011-12) आअसं. 1540/मुं/2018 ("न.व. 2011-12) Mr. Nitin Parkash , 221/222, Swasstik Plaza, Pokhran Road No.2, Subhash Nagar, Thane (W) – 400 601 Pan: Aaspp-1411-G ...... अपीलाथ" /Appellant बनाम Vs. Dy. Commissioner Of Income Tax, Circle- 3, Thane. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : S/Shri Rajiv Khandelwal & Akash Kumar ""तवाद" "वारा/Respondent By : Shri Tharian Oommen& Shri B.K.Bagchi सुनवाई क" "त"थ/ Date Of Hearing : 27/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 22/08/2022 आदेश/ Order Per Vikas Awasthy, Jm: The Appeal Of The Assessee In Ita No.817/Mum/2015 Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-2, Thane [In Short ‘The Cit(A)] Dated 01/01/2015 For The Assessment Year 2011-12. This Appeal Is In The Second Round Before The Tribunal. Earlier This Appeal Of The Assessee Was Decided By The Tribunal Vide Order Dated 19/03/2018. Thereafter, The Assessee Filed Miscellaneous Application, Vide Ma No.271/Mum/2018 Seeking

For Appellant: S/Shri Rajiv Khandelwal and Akash KumarFor Respondent: Shri Tharian Oommen& Shri B.K.Bagchi
Section 2(14)Section 48

relevant to the assessment year under appeal, the assessee vide registered agreement dated 13/08/2010 sold the flats. For the purpose of computation of ‘long term capital gain’ the assessee claimed indexation on purchase price of Rs.2,03,36,000/- from the F.Y.2004-05 i.e. the year in which the assessee ... Thus, the Assessing Officer made addition of Rs.45,94,084/- [ Rs.3,01,22,700 - Rs.2,55,28,616] on account of long term capital gains. 6. We find that in similar set of facts, in the case of Lata G. Rohra vs. DCIT(Supra) the Co-ordinate Bench upheld