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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

Sudarsanam, Chennai vs. ITO Non Corporate Ward 22(6), Tambaram

In the result the appeal of the assessee is partly allowed

ITA 707/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Jul 2025AY 2017-18

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकरअपीलसं./Ita No.:707/Chny/2025 धनि्धरणवरध/ Assessment Year: 2017-18 Sudarsanam, The Income-Tax Officer, Non-Corporate Ward 22(6), 68/52. Sithivinayagar Koil St., Vs. Tambaram. Tambaram Sanatorium, Chennai-600 047. [Pan:Btwps-8389-E] (अपील्थ्/Appellant) (प्थ्/Respondent) अपील्थ्कीओरसे/Appellant By : Shri. M. Karunakaran, Advocate प्थ्कीओरसे/Respondent By : Ms. Gouthami Manivasagam, Jcit. सुनव््कीत्रीख/Date Of Hearing : 30.06.2025 घोरण्कीत्रीख/Date Of Pronouncement : 30.07.2025 आदेश/O R D E R Per S. R. Raghunatha, Am :

For Appellant: Shri. M. Karunakaran, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 143(3)Section 2(14)

only ground of appeal was that the ld.CIT(A), NFAC, Delhi has erred in confirming the addition of Rs.2,89,70,277/- as long term capital gain when the asset sold is agricultural land which is not a capital asset within the meaning of Section 2(14) of the Income ... after allowing indexed cost of the land of Rs.9,42,093/- as against the sale consideration of Rs.2,92,92,930/- as Long term capital gains by passing an order u/s.143(3) of the Act dated 23.12.2019. 6. On appeal, the ld.CIT(A) confirmed the order

DCIT, Central Circle-4, New Delhi vs. G N International P.Ltd, New Delhi

In the result, the appeal of the revenue is dismissed

ITA 2851/DEL/2022[2017-18]Status: DisposedITAT Delhi30 Jul 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Sudhir Kumarg. N. International Pvt. Ltd, Vs. Acit, 3721/1, First Floor, Netaji Circle-10(2), Subhash Marg, Daryaganj, New Delhi New Delhi (Appellant) (Respondent) Pan:Aabcg4491K Dcit, Vs. G. N. International Pvt. Ltd, Central Circle-4, 3721/1, First Floor, Netaji New Delhi Subhash Marg, Daryaganj, New Delhi (Appellant) (Respondent) Pan:Aabcg4491K Assessee By : Shri Salil Agarwal, Sr. Adv Shri Shailesh Gupta, Ca Shri Dadhur Agarwal, Adv Revenue By: Shri Rajesh Kumar Dhanesta, Sr. Dr Ms. Neeju Gupta, Sr. Dr Date Of Hearing 25/07/2025 Date Of Pronouncement 30/07/2025

For Appellant: Shri Salil Agarwal, Sr. AdvFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR
Section 115BSection 144Section 68

materials available on record. During the year under consideration, the assessee has shown income from rent, sale of shares, interest, dividend and long-term capital gains. The return of income for the Assessment year 2017-18 was electronically filed by the assessee on 17-03-2018 declaring taxable income ... Accordingly, we direct the Learned AO to grant deduction towards long term capital loss by allowing it to be set off with the long term capital gains reported by the assessee. Accordingly, the Ground No. 2 raised by the assessee is hereby allowed. 10. The Ground No. 3 raised

G N International P.Ltd, New Delhi vs. ACIT, Circle-10(2), New Delhi

In the result, the appeal of the revenue is dismissed

ITA 2676/DEL/2022[2017-18]Status: DisposedITAT Delhi30 Jul 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Sudhir Kumarg. N. International Pvt. Ltd, Vs. Acit, 3721/1, First Floor, Netaji Circle-10(2), Subhash Marg, Daryaganj, New Delhi New Delhi (Appellant) (Respondent) Pan:Aabcg4491K Dcit, Vs. G. N. International Pvt. Ltd, Central Circle-4, 3721/1, First Floor, Netaji New Delhi Subhash Marg, Daryaganj, New Delhi (Appellant) (Respondent) Pan:Aabcg4491K Assessee By : Shri Salil Agarwal, Sr. Adv Shri Shailesh Gupta, Ca Shri Dadhur Agarwal, Adv Revenue By: Shri Rajesh Kumar Dhanesta, Sr. Dr Ms. Neeju Gupta, Sr. Dr Date Of Hearing 25/07/2025 Date Of Pronouncement 30/07/2025

For Appellant: Shri Salil Agarwal, Sr. AdvFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR
Section 115BSection 144Section 68

materials available on record. During the year under consideration, the assessee has shown income from rent, sale of shares, interest, dividend and long-term capital gains. The return of income for the Assessment year 2017-18 was electronically filed by the assessee on 17-03-2018 declaring taxable income ... Accordingly, we direct the Learned AO to grant deduction towards long term capital loss by allowing it to be set off with the long term capital gains reported by the assessee. Accordingly, the Ground No. 2 raised by the assessee is hereby allowed. 10. The Ground No. 3 raised

Mayankkumar Rameshchandra Bhatt, Vadodara vs. The Income Tax Officer, Ward-1(2)(1), Vadodara

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

ITA 1284/AHD/2024[2007-08]Status: DisposedITAT Ahmedabad29 Jul 2025AY 2007-08

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2007-08 Mayankkumar Rameschandra Ito, Ward-1(2)(1) Bhatt Vs. Vadodara. B/202, Laljikrupa Society B/H. Mothers School Gotri Road, Baroda. Pan : Agypb 2066 R (Applicant) (Responent) : Shri Tushar Hemani, Sr.Advocate Assessee By Revenue By : Shri Umesh Kumar Agrawal, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 24/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 29 /07/2025 आदेश आदेश/O R D E R आदेश आदेश Per Makarand V.Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 17.05.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”] By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”], For The Assessment Year 2007–08, Arising Out Of The Reassessment Order Dated 27.03.2015 Passed Under Section 144 R.W.S. 147 Of The Act By The Income Tax Officer, Ward 4(2)(4), Vadodara [Hereinafter Referred To As “Assessing Officer Or Ao”].

For Respondent: Shri Umesh Kumar Agrawal, Sr.DR
Section 10(38)Section 142(1)Section 144Section 147Section 148Section 250Section 271(1)(c)Section 69A

report the AO also submitted the confirmation that Security Transaction Tax (STT) was paid on the share transactions, which were then accepted as Long Term Capital Gains and thus exempt under section 10(38). 3.1 In rebuttal to the remand report, the assessee submitted an Affidavit stating that the said