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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

Krishnamoorthy Vijayaraghavan, Chennai vs. ITO, Ncw-5(1), Coimbatore

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

ITA 1976/CHNY/2025[2010-11]Status: DisposedITAT Chennai19 Sept 2025AY 2010-11

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 1976/Chny/2025 िनधा"रण वष"/Assessment Year: 2010-11 Shri Krishnamoorthy The Income Tax Officer, Vijayaraghavan, Vs. Non-Corporate Ward 5(1), 2A, Tulive Antara, Chennai. Old No.4, New No.9, Karpagambal Nagar, Mylapore, Chennai – 600 004. Pan: Acppv 0131J (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri N. Arjun Raj, Advocate ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 18.09.2025 घोषणा क" तारीख/Date Of Pronouncement : 19.09.2025

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Ms. Gouthami Manivasagam
Section 139(1)Section 142(1)Section 143(2)Section 148Section 250Section 54Section 54(2)

information that assessee had sold an immovable property during the relevant assessment year. Since assessee had not filed his return of income admitting long term capital gains, the AO issued notice u/s.148 of the Act on 31.03.2017 calling upon the assessee to file the return of income. The assessee ... issued. In :- 3 -: response to notice issued u/s.142(1) of the Act, the assessee furnished the working of Long-Term Capital Gains and investment details vide letter dated 20.11.2018. The AO noted from the details filed that assessee had made investment in the new asset only on 19.01.2012 and show

Suri Babu Krovvidi, Rajahmundry vs. Income Tax Officer, Vijayawada

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 409/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam12 Sept 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.409/Viz/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Suri Babu Krovvidi Vs. Income Tax Officer East Godavari Distt. Vijayawada Pan:Aejpk1777P (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Naresh Gowlikar, Ca (Hybrid) राज" व "ारा/Revenue By:: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 10/09/2025 घोषणा की तारीख/Pronouncement: 17/09/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated 21/02/2025 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2016-17. 2. There Is A Delay Of 56 Days In Filing The Present Appeal. The Assessee Has Filed A Petition For Condonation Of Delay To Explain The Cause Of The Delay Which Is Supported By An Affidavit. The Learned Counsel For The Assessee Has Submitted That The Assessee Is A Layman & The Assessee Was Not Having Any Knowledge About The Tax & Procedural Requirement Of Filing The Appeal Against The Order Of The Learned Cit (A). He Has Further

For Appellant: Shri Naresh Gowlikar, CA (hybrid)For Respondent: : Dr. Aparna Villuri, Sr. AR
Section 17

same transactions without considering the correct income arising from the said transaction. The learned Counsel for the assessee has pointed out that the Long Term Capital Gains from the said transaction is only Rs.4,03,702/- apart from the salary income of Rs.1,17,692/- against which the Assessing Officer ... Rs.12,53,000/-. Thus, this action of the Assessing Officer is also highly arbitrary when he has assessed the entire sale consideration as Long Term Capital Gains in the hand of the assessee. Thereafter, the Assessing Officer has made another addition on account of cash deposits in the bank account