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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

Income Tax Officer Non-Corporate Ward-10(6), Chennai vs. Shri Arun Gupta, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 844/CHNY/2020[2016-17]Status: DisposedITAT Chennai16 Nov 2022AY 2016-17

Bench: Shri Mahavir Singh & Shri G. Manjunathaआयकर अपील सं./Ita No.: 844/Chny/2020 िनधा"रण वष" / Assessment Year: 2016-17 Income-Tax Officer, Shri. Arun Gupta, Non-Corporate Ward -10(6), V. No. 3B, Block, Lloyds Colony, Chennai – 34. Lloyds Road, Royapettah, Chennai – 600 014. [Pan: Agrpa-8340-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. Ar V Sreenivasan, Addl. Cit अपीलाथ" क" ओर से/Appellant By ""यथ" क" ओर से/Respondent By : Shri. N.V. Balaji Advocate & Mrs. N.V. Lakshmi, Advocate सुनवाई क" तारीख/Date Of Hearing : 02.11.2022 घोषणा क" तारीख/Date Of Pronouncement : 16.11.2022

For Respondent: Shri. N.V. Balaji Advocate &
Section 139(1)Section 54Section 54E

bank account which includes his share of consideration and consideration of his siblings. The assessee has computed long term capital gains from sale of property and claimed exemption u/s. 54 of the Income-tax Act, 1961 :-3-: ITA. No:844 /Chny/2020 (hereinafter referred to as “the Act”) by paying ... authorities below. There is no dispute with regard to the fact that the assessee has sold a residential house and computed long term capital gain, after claiming deduction u/s. 54 of the Act, and also, said amount was invested in acquiring new residential house. In fact, the AO has accepted

A.Ramesh, Chennai vs. DCIT Corporate Circle 15, Chennai

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

ITA 1838/CHNY/2018[2010-11]Status: DisposedITAT Chennai04 Nov 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 1838/Chny/2018 िनधा"रण वष"/Assessment Year:2010-11 Shri A. Ramesh, The Deputy Commissioner Of 21, North Crescent Road, Vs. Income Tax, T. Nagar, Chennai -17. Corporate Circle 15, Chennai. [Pan:Aeppr4222Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri C. Ramesh Kumar, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.10.2022 घोषणा की तारीख /Date Of Pronouncement : 04.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai, Dated 30.01.2018 Relevant To The Assessment Year 2010-11. The Only Effective Ground Raised In This Appeal Of The Assessee Relates To Whether The Agricultural Land Sold By The Assessee Is Liable For Capital Gain Tax Or Exempt From Taxation.

For Appellant: Shri C. Ramesh Kumar, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 2(14)

assessee does not fall under the exception provided under section 2(14) of the Act. Accordingly, the Assessing Officer calculated the long term capital gains at ₹.1,26,00,000/- and brought to tax. On appeal, the ld. CIT(A), more or less expressed the same view and confirmed

The Deputy Commissioner of Income Tax, Chennai vs. Shri Mohammed Dawood Sultan Abdul Kadar, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 25/CHNY/2021[2016-17]Status: DisposedITAT Chennai28 Oct 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.25/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 The Deputy Commissioner Of Vs. Shri Mohamed Dawood Sultan Abdul Income Tax, Circle 2, Kader, Kolikalpalayam, Thiruvarur, Trichy. Tamil Nadu 610 001. [Pan:Brdps5653L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Hema Bhupal, Jcit ""थ" की ओर से/Respondent By : Shri S. Sankaralingam, Cit (Retd.) सुनवाई की तारीख/ Date Of Hearing : 29.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Trichy, Dated 23.09.2020 Relevant To The Assessment Year 2016-17. The Only Issue Involved In This Appeal Is Relating To The Land Acquisition Compensation Under Compulsory Acquisition By The Government Is Exempt Or Not.

For Appellant: Shri D. Hema Bhupal, JCITFor Respondent: Shri S. Sankaralingam, CIT (Retd.)

held that the entire land acquisition compensation received by the assessee is exempt, whether it is short term capital gains or long term capital gains. 4. Against the order passed by the ld. CIT(A), the Revenue is in 3 I.T.A. No. 25/Chny/21 appeal before the Tribunal