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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

Ajay Shankarlal Bankda, Mumbai vs. DCIT, Circle 16(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2484/MUM/2023[2014-15]Status: DisposedITAT Mumbai22 Mar 2024AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2484/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Ajay Shankarlal Bankda बिधम/ Dcit, Circle-16(2) B Wing 4301, Db Woods, Aayakar Bhavan, Vs. Gokuldham, Goregaon East, Maharshi Karve Marg Mumbai-400063. Road, New Marine Lines, Churchagate, Mumbai- 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpb2851J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri Anil Sant (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 08/03/2024 घोषणा की तारीख /Date Of Pronouncement: 22/03/2024 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 21.06.2023 For The Assessment Year 2014-15. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.88,06,950/- Made By The Ao U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri Anil Sant (Sr. DR)
Section 10(38)Section 131Section 143(1)Section 147Section 148Section 68

dated 23.03.2017. The AO noted that he has received an information that the assessee has shown to have received Long Term Capital Gain 2 A.Y. 2014-15 Ajay Shankarlal Bankda (LTCG) on sale of shares of M/s. Alpha Graphics Ltd (hereinafter “M/s. Alpha Graphics”). According to the AO, the assessee ... have heard the rival contentions of both the parties and perused the materials available on record. In the present case the long term capital gain declared by the assessee on sale shares M/s AGIL for ₹ 2,54,86,714/- was treated as bogus and manipulated, leading to the addition

Neeta Rajesh Lodha, Mumbai vs. CIT (A), NFAC, Delhi

In the result, the appeal of the assessee is allowed

ITA 408/MUM/2023[2011-12]Status: DisposedITAT Mumbai19 Mar 2024AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Ms Padmavathy S, Am आयकर अपील सं/ I.T.A. No.408/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Neeta Rajesh Lodha बिधम/ Cit(Appeals)/Nfac 20/22, Shamseth Street, National Faceless Appeal, Vs. Zaveri Bazar, Mumbai- Centre (Nfac), Delhi. 400002. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abdpl8053A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Neelkanth Khandelwal Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/02/2024 घोषणा की तारीख /Date Of Pronouncement: 19/03/2024 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 20.12.2022 For The Assessment Year 2011-12. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao By Making An Addition Of Rs.2,61,43,231/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act As Well As Upholding The Addition Of Rs.5,22,865/- As Commission (2% Of Sales Proceeds) For Arranging Bogus Ltcg U/S 69 Of The Act.

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri Ashok Kumar Ambastha (Sr. AR)
Section 10(38)Section 147Section 68Section 69

Neeta Rajesh Lodha reopened under section 147 of the Act; and the AO noted that the assessee had shown long term capital gains (LTCG) on sale of Shares of M/s Tuni Textile Mills Ltd (hereinafter M/s TTML) which assessee claimed to be exempt u/s 10(38) of the Act. According ... sold the shares for Rs. 2,46,83,694, he made a capital gain of Rs.2,35,93,694. Copy of long term capital gain statement is available at page 93 of paper book. Since the sale was made after one year of holding and after payment

Mr Bhavesh Kantilal Kubadia, Mumbai vs. Income Tax Officer, Ward-21(1)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1490/MUM/2023[2013-2014]Status: DisposedITAT Mumbai19 Mar 2024AY 2013-2014

Bench: Shri Aby T. Varkey, Jm & Ms Padmavathy S, Am आयकर अपील सं/ I.T.A. No.1490/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Mr. Bhavesh Kantilal बिधम/ Ito, Ward-21(1)(2) Kubadia Room No. 104, 1St Floor, Vs. 7, 2Nd Floor, Neminath Piramal Chamber, Building, S. K. Bole Road, Lalbaug, Parel, Mumbai- (Dadar (W), Mumbai- 400012. 400028. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Agrpk2377D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Neelkanth Khandelwal Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/02/2024 घोषणा की तारीख /Date Of Pronouncement: 19/03/2024 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 24.04.2023 For The Assessment Year 2013-14. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao Making An Addition Of Rs.77,02,597 U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act As Well As Upholding The Addition Of Rs.2,31,038/- As Commission (3% Of Ltcg) For Arranging Bogus Ltcg U/S 69 Of The Act.

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri Ashok Kumar Ambastha (Sr. AR)
Section 10(38)Section 147Section 68Section 69

Bhavesh Kantilal Kubadia reopened under section 147 of the Act; and the AO noted that the assessee had shown long term capital gains (LTCG) on sale of Shares of M/s Tuni Textile Mills Ltd (hereinafter M/s TTML) which assessee claimed to be exempt u/s 10(38) of the Act. According ... made a capital gain of 18 A.Y. 2013-14 Bhavesh Kantilal Kubadia Rs.2,35,93,694. Copy of long term capital gain statement is available at page 93 of paper book. Since the sale was made after one year of holding and after payment of STT and transactions took place

Sheetal Rupesh Salva, Mumbai vs. ITO, Ward-20(3)(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 95/MUM/2023[2013-14]Status: DisposedITAT Mumbai18 Mar 2024AY 2013-14

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.95/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Sheetal Rupesh Savla बिधम/ Ito Ward-20(3)(3) 601 Dev In Apartments, 6Th Floor, Piramal Vs. Adenwala Road, Plot-511, Chamber, Parel, Mumbai- Matunga, Mumbai-400019. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpk2176R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharen V. Gandhi (Adv) Shri Dinesh Shah Revenue By: Shri Nayanjoti Nath (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 07/02/2024 घोषणा की तारीख /Date Of Pronouncement: 18/03/2024 आदेश / O R D E R Per Bench This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 09.12.2022 For The Assessment Year 2013-14. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao By Making An Addition Of Rs.3,20,97,772/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act.

For Appellant: Shri Dharen V. Gandhi (Adv)For Respondent: Shri Nayanjoti Nath (Sr. AR)
Section 10(38)Section 147Section 68

Later on, the assessment was reopened under section 147 of the Act; and the AO noted that the assessee had shown long term capital gains (LTCG) on sale of two (2) scrips of M/s Kyra Landscape 2 A.Y. 2013-14 Sheetal Rupesh Savla Limited (hereinafter M/s KLL) & of M/s Arya ... that the assessee has received Rs. 77,74,354/- from sale of Shares of M/s AGSSL and claimed long term capital gains (LTCG) of Rs.60,14,354/- on sale of Shares from transactions on which STT was paid which the assessee claimed as exempt

Sheetal Rupesh Salva, Mumbai vs. ITO, Ward-20(3)(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 94/MUM/2023[2012-13]Status: DisposedITAT Mumbai18 Mar 2024AY 2012-13

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.94/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) Sheetal Rupesh Savla बिधम/ Ito Ward-20(3)(3) 601 Dev In Apartments, 6Th Floor, Piramal Vs. Adenwala Road, Plot-511, Chamber, Parel, Mumbai- Matunga, Mumbai-400019. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpk2176R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharen V. Gandhi (Adv) Shri Dinesh Shah Revenue By: Shri Nayanjoti Nath (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 07/02/2024 घोषणा की तारीख /Date Of Pronouncement: 18/03/2024 आदेश / O R D E R Per Bench This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 07.12.2022 For The Assessment Year 2012-13. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao By Making An Addition Of Rs.73,11,760/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act.

For Appellant: Shri Dharen V. Gandhi (Adv)For Respondent: Shri Nayanjoti Nath (Sr. AR)
Section 10(38)Section 147Section 68

Later on, the assessment was reopened under section 147 of the Act; and the AO noted that the assessee has shown long term capital gains (LTCG) on sale of Shares of M/s Arya Global Shares and 2 A.Y. 2012-13 Sheetal Rupesh Savla Securities Limited (hereinafter M/s AGSSL), which assessee ... Court were as follows :- “2. We take notice of the fact that the issue in the present appeal is whether the assessee earned long term capital gain through transactions with bogus companies. In this regard, the finding of fact recorded by the Tribunal in paras 9, 10 and 11 reads

Sheetal Rupesh Salva, Mumbai vs. ITO, Ward-20(3)(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 93/MUM/2023[2011-12]Status: DisposedITAT Mumbai18 Mar 2024AY 2011-12

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.93/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Sheetal Rupesh Savla बिधम/ Ito Ward-20(3)(3) 601 Dev In Apartments, 6Th Floor, Piramal Vs. Adenwala Road, Plot-511, Chamber, Parel, Mumbai- Matunga, Mumbai-400019. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpk2176R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharen V. Gandhi (Adv) Shri Dinesh Shah Revenue By: Shri Nayanjoti Nath (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 07/02/2024 घोषणा की तारीख /Date Of Pronouncement: 18/03/2024 आदेश / O R D E R Per Bench This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 05.12.2022 For The Assessment Year 2011-12. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao Making An Addition Of Rs.3,17,12,750/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act.

For Appellant: Shri Dharen V. Gandhi (Adv)For Respondent: Shri Nayanjoti Nath (Sr. AR)
Section 10(38)Section 147Section 68

Rs.11,10,750/-. Later, the assessment was reopened under section 147 of the Act; and the AO noted that the assessee had shown long term capital gains (LTCG) on sale of two (2) scrips of M/s KGN Industries 2 A.Y. 2011-12 Sheetal Rupesh Savla Limited (hereinafter ... Court were as follows :- “2. We take notice of the fact that the issue in the present appeal is whether the assessee earned long term capital gain through transactions with bogus companies. In this regard, the finding of fact recorded by the Tribunal in paras 9, 10 and 11 reads

Ashok Ganeshlal Mundra, Mumbai vs. ITO 3(1)(1), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 3866/MUM/2023[2018-19]Status: DisposedITAT Mumbai15 Mar 2024AY 2018-19

Bench: Shri Amarjit Singh & Ms. Kavitha Rajagopal, Ashok Ganeshlal Mundra Vs. Asst. Dir. Of I. Tax Cpc 601, A Wing, Hansa C.H.S (Jao: Ward Mum-W - Ltd. Behind Rameshwar 331(1), Ito, Ward 3(1)(1) Mandir, Jogeshwari (East) Aayakar Bhavan, M.K. Mumbai – 400 060 Road, Mumbai- 400 020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Abbpm0548H Appellant .. Respondent Appellant By : Ajay Singh & Akshay Pawar Respondent By : Manoj Kumar Sinha Date Of Hearing 05.03.2024 Date Of Pronouncement 15.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 22.09.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “I. Denial Of Exemption Of Rs.47,18,400/- Claimed U/S 54Ec Of The Act, In Respect Of Investment In Capital Gains Bonds: 1. On The Facts & In The Circumstances Of The Case & In Law, The Id. C.I.T. (Appeals) Nfac, Erred In Upholding The Order Dt 29-01-2020 Passed U/S 154 By Adit, Cpc Denying The Relief For Exemption Of Rs.47,13,400 U/S 54Ec For Investment Of Rs. 50 Lakhs In Capital Gains Rec Bonds. 2. The Id. Cit. (Appeals) Failed To Appreciate & Consider That The Exemption Was Claimed U/S 54 Ec Of The Act, However The Same Was Not Reflected In Itr-3 Of Cpa Due To Technical Snag Which Is To Be Resolved By Dit (Systems). 3. Without Prejudice The Appellate Authority Ought To Have Considered The Claim On Its Own Merits, When Details Of Investment Made In Rec Bonds Were On Record Ii. Set-Off Of Short Term Capital Loss Against Long Term Capital Gains:

For Appellant: Ajay Singh &For Respondent: Manoj Kumar Sinha
Section 115BSection 154Section 54Section 54ESection 80T

merits, when details of investment made in REC Bonds were on record II. Set-off of Short Term Capital Loss against Long Term Capital Gains: P a g e | 2 Ashok Ganeshlal Mundra Vs. ADIT, CPC 4. On the facts and circumstances of the case ... C.1.T. (Appeals) erred in confirming the set-off of Short Term Capital Loss of Rs. 4,79,109/- against Long Term Capital Gains of Rs. 47,18,400/- under an erroneous premise that the appellant is not eligible for carry forward of Short Term Capital Loss. III. Denial of Deduction