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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

V.K.Nanavaty Share and Stock Brokers Private Limited, Mumbai vs. Income Tax Officer Ward-4(2)(4), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2614/MUM/2023[2012-13]Status: DisposedITAT Mumbai12 Apr 2024AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Ms Padmavathy S, Am आयकर अपील सं/ I.T.A. No.2614/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2012-13) V. K. Nanavaty Share & बिधम/ Ito, Ward-4(2)(4) R. No. 647, 6Th Floor, Stock Brokers Pvt. Ltd Vs. R-709, Rotunda Building, Aaykar Bhavan, Bombay Stock Exchange, Maharishi Karve Road, M. S. Marg, Fort, Mumbai- Churchgate, Mumbai- 400023. 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacv9670N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ravikant Pathak Revenue By: Dr. Yogendra T. Wakare सुनवाई की तारीख / Date Of Hearing: 20/02/2024 घोषणा की तारीख /Date Of Pronouncement: 12/04/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi, Dated 30.05.2023 For Ay. 2012-13. 2. The Assessee Has Challenged The Validity Of The Reopening By Ao (Jurisdiction) U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”). So The Legal Issue Is Taken Up First.

For Appellant: Shri Ravikant PathakFor Respondent: Dr. Yogendra T. Wakare
Section 143(3)Section 147Section 148Section 68

scrip was increased/decreased manifold in a pre-designed manner, so as to create a profitable exit route in the guise of exempted long term capital gains or loss in the hands of investors. And since the assessee had made transactions in the above mentioned scrip, the A.O. held

Srikanth, Chennai vs. ITO, Non Corporate Ward-2(1), Chennai

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

ITA 774/CHNY/2023[2016-17]Status: DisposedITAT Chennai10 Apr 2024AY 2016-17

Bench: Shri Manjunatha. G & Shri Manomohan Dasआयकर अपील सं./Ita No.774/Chny/2023 िनधा(रण वष( /Assessment Year: 2016-17 Shri Srikanth, The Income Tax Officer, 55, S2, 2Nd Floor, Vs. Non Corporate Ward-2(1), Damodaran Street, T Nagar, Chennai. Chennai – 600 017. [Pan: Aamps-0572-M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ* की ओर से/ Assessee By : Shri N. Arjun Raj, Advocate ,-थ* की ओर से /Revenue By : Shri D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 01.04.2024 : 10.04.2024 घोषणा क" तारीख /Date Of Pronouncement आदेश / O R D E R Per Manjunatha G: This Appeal By Assessee Is Directed Against The Order Passed By Learned Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 25.05.2023 In The Matter Of Assessment Framed By Ld. Assessing Officer [Ao] U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”) On 14-12-2018. The Ground Of Appeal Raised By The Assessee Is As Under:

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 143(3)Section 54

tune of Rs. 1,61,99,820/- (in the name of the wife) as part of the computation of Long Term Capital Gains without assigning proper reasons and justification. 3. The NFAC, Delhi erred in confirming the disallowance of Rs. 40,00,000/being the payment made to builders through RTGS ... part of computation of Long Term Capital Gains without assigning proper reasons and justification. 4. The NFAC, Delhi in any event erred in disallowing Rs.40,00,000/- being the payments made towards acquiring the new house within the ambit of the provisions in section 54 of the Act and ought

ITO, International Taxation Ward1(2), Chennai vs. Rajamanickam Arulselvan, Chennai

In the result, the appeal filed by the Revenue and the Cross

ITA 479/CHNY/2023[2013-14]Status: DisposedITAT Chennai01 Apr 2024AY 2013-14

Bench: Shri Manjunatha. G & Shri Manomohan Dasआयकर अपील सं./I.T.A. No.479/Chny/2023 िनधा"रण वष"/Assessment Year: 2013-14 & C.O. No. 44/Chny/2023 [In I.T.A. No. 479/Chny/2023] The Income Tax Officer, Vs. Shri Rajamanickam Arulselvan, 65, Defence Officer Colony, 2Nd International Taxation Ward 1(2), Bsnl Building Tower-1, 4Th Floor, Avenue, 6Th Cross Street, Guindy, Greams Road, Thousand Light, Guindy Industrial Estate S.O., Chennai 600 006. Chennai 600 032. [Pan:Aappa2346C] (अपीलाथ"/Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri P. Sajit Kumar, Jcit Assessee By : Shri N.V. Balaji, Advocate सुनवाई की तारीख/ Date Of Hearing : 03.01.2024 घोषणा की तारीख /Date Of Pronouncement : 01.04.2024 आदेश /O R D E R Per Manjunatha, G.: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-16, Chennai, Dated 22.02.2023 Passed In Ita No. 10039/Cit(A)-16/2012-2013 Relevant To The Assessment Year 2013-14. The Revenue Has Raised Following Grounds: 1. That The Order Of The Ld. Cit(A) Is Erroneous On The Facts, The Merits Of The Case & Provisions Of Law As Well & Hence Unsustainable. 2. That The Ld. Cit(A) Erred In Failing To Appreciate That When The Assessee Had Applied For Conversion Of The Vacant Land Into A Plotted

For Appellant: Shri N.V. Balaji, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 139Section 143(1)Section 147Section 148Section 2(14)Section 45(3)

thus, the transfer attracts the provisions of section 45(3) of the Act. As such, the Assessing Officer has computed the long term capital gains by taking into consideration of the amount as recorded in the books of the partnership firm amounting to ₹.6,99,79,150/- as full value ... consideration after considering indexed cost of acquisition and assessed the long term capital gains at ₹.6,77,17,117/- and added back to total income. 4. Being aggrieved by the assessment order, the assessee preferred an appeal before the ld. CIT(A). Before the ld. CIT(A), the assessee