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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

Shamrock Apparels, Visakhapatanam vs. Income Tax Officer, Ward-1(1), Visakhapatnam

In the result, appeal of the assessee is allowed for statistical purposes

ITA 346/VIZ/2025[2023-24]Status: DisposedITAT Visakhapatnam25 Jul 2025AY 2023-24

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.346/Viz/2025 (निर्धारणवर्ा/ Assessment Year: 2023-24) Vs. Income Tax Officer-Ward – 1(1) Shamrock Apparels D.No. 9-29-20, 2Nd Floor Income Tax Office Siripuram, Visakhapatnam Pratyakshakar Bhavan Pin Code: 530003 Mvp Double Road Andhra Pradesh Visakhapatnam – 530017 Andhra Pradesh [Pan:Acpfs3513B] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri Gvn Hari, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr. Ar

Section 143(1)

under section 143(1) of the Act on 07.11.2024. In the Intimation, the CPC made adjustment of Rs.31,22,331/- under the head Long term capital gains. The CPC computed the Long-term capital gains at Rs.13,43,99,752/- as against the Long term capital gains of Rs.13 ... learned Commissioner of Income Tax (Appeals) is not justified in sustaining the adjustment of Rs 31,22,331 made by the CPC towards long term capital gains by erroneously computing the indexed cost of acquisition. 4. Any other ground that may be urged at the time of appeal hearing

Fresenius Kabi Oncology Limited, West Delhi vs. Deputy Commissioner of Income-Tax/ National Faceless Assessment Centre, Delhi

In the result, the appeal of the assessee is allowed

ITA 176/DEL/2025[2012-13]Status: DisposedITAT Delhi25 Jul 2025AY 2012-13

Bench: Sh. M. Balaganesh & Sh. Sudhir Kumarassessment Year: 2012-13 Fresenius Kabi Oncology Vs. Dcit/ National Faceless Limited B-310 Somdatt Assessment Centre Chambers I R K Puram New Delhi (Main) South West Delhi 110006 Pan No. Aabcd7720L (Appellant) (Respondent) Appellant By Sh. Aditya Vohra, Advocate Ms. Aakriti Bansal, Ca Respondent By Sh. Jitender Singh, Cit Dr Date Of Hearing: 22 /07/2025 Date Of Pronouncement: 25/07/2025 Order Per Sudhir Kumar: This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-26 New Delhi [Hereinafter Referred To As “Cit(A)”] Vide Order Dated 12.11.2024 Pertaining To A.Y. 2012-13 Confirming The Levy Of Penalty Under Section 271(1)(C) Of The Income Tax Act, 1961, (In Short ‘The Act’).

Section 271Section 271(1)(c)Section 274

which was wrongly calculated by the assessing officer at 100% of tax computed at slab rate, instead of 20% tax rate applicable to long term capital gains. The Appellant craves leave to add, alter, delete, modify or vary the above grounds of appeal at or before the time ... hearing. 3. The ld. Authorized representative of the assessee submitted that in the assessment proceedings disallowance of Long- Term capital gain, Capital subsidy and addition on Arm’s Length price adjustment were made. The penalty proceedings under section 271(1)(c) of the Act were initiated in respect

Arthur Jagaraj Devapragasam, Chennai vs. DCIT Non Corporate Circle 8(1), Chennai

In the result, appeal filed by the assessee is allowed

ITA 710/CHNY/2025[2017-18]Status: DisposedITAT Chennai24 Jul 2025AY 2017-18

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकर अपील सं./Ita No.:710/Chny/2025 िनधा"रण वष" / Assessment Year: 2017-18 Arthur Jagaraj Devapragasam, The Deputy Commissioner Of No.C-5, Marble Arch Apartments, Vs. Income Tax, No.2 Valliammal Street, Non-Corporate Circle-8(1) Vepery, Chennai-600 007. Chennai. [Pan: Acypa-9529-J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri. R.Vijayaraghavan, Advocate (Virtual) ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, J.C.I.T. सुनवाई की तारीख/Date Of Hearing : 26.06.2025 घोषणा की तारीख/Date Of Pronouncement : 24.07.2025

For Appellant: Shri. R.Vijayaraghavan, AdvocateFor Respondent: Ms. Gouthami Manivasagam, J.C.I.T
Section 143(3)Section 54Section 54(2)

NFAC is contrary to the law facts and circumstances of the case. 2) The NFAC erred in confirming the taxable long term capital gains at Rs.6,69,04,286/- and confirming the tax thereon Rs.2,05,77,117/-. 3) The NFAC ought to have appreciated that the Appellant had deposited ... Capital Gains scheme 1988 with the State Bank of India on 01.10.2016 and 04.10.2016. 4) The NFAC ought to have appreciated that long-term capital gains should be reduced by the amount deposited under the capital gains Scheme act under section 54/54F and hence that amount is not taxable

Kalpana Ravikumar, Chennai vs. ITO, Ncw-8(40, Chennai

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

ITA 1320/CHNY/2025[2012-13]Status: DisposedITAT Chennai18 Jul 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1320/Chny/2025 िनधा"रण वष"/Assessment Year: 2012-13 Kalpana Ravikumar, Vs. The Income Tax Officer, No. 78, Block 2, 2Nd Floor, Non Corporate Ward 8(4), Bbc City Paark, No. 76, Anna Salai, Chennai. Chinna Porur, Chennai 600 116. [Pan:Aiupr6455L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Raghav Rajeev Menon, Advocate ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 16.07.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 372 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit As 2

For Appellant: Shri Raghav Rajeev Menon, AdvocateFor Respondent: Ms. V. Supraja, Addl.CIT
Section 148Section 250Section 54

which, the only issue emanates for our consideration as to whether the ld. CIT(A) is justified in confirming the addition made towards long term capital gain in the facts and circumstances of the case. 4. Brief facts emanating from record are that the assessee filed original return of income ... inter alia, making additions towards disallowance of deduction claimed under section 54 of the Act at ₹.66,24,545/- and on account of long term capital gains at ₹.1,33,74,455/-. 6. Aggrieved, the assessee preferred an appeal before the ld. CIT(A). After considering the submissions