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“short term capital gain”

Capital GainsSection 2(42A)Section 2(42A)1,986 judgments

The decision most relied on for short term capital gain is CIT v. Ace Builders (P) Ltd. (281 ITR 210), cited in 88 judgments on BharatTax.

Leading authorities on short term capital gain

CIT v. Ace Builders (P) Ltd.
281 ITR 210 · 2005 · High Court
88
citing judgments

The deeming fiction in Section 50, which treats capital gains from depreciable assets as short-term, applies only for the purpose of computing capital gains under that section. For other provisions, such as set-off of losses under Section 74 or deductions under Section 54E/54EC, the asset's original character (long-term or short-term) is to be considered.

CIT, Panji v. Dempo Company Limited
74 Taxmann.com 15 · 2016 · Supreme Court
62
citing judgments

The 20% tax rate under Section 112 applies to capital gains arising from the transfer of a depreciable asset, even if it is deemed a short-term capital gain under Section 50, provided the asset was held for more than 36 months. The fiction created by Section 50 for treating such gains as short-term does not alter the long-term nature of the asset for applying the tax rate under Section 112.

Raja Bahadur Kamakhya Narain Singh v. CIT
77 ITR 253 · 1970 · Supreme Court
49
citing judgments

The Supreme Court clarifies the distinction between income chargeable as capital gains and income taxable as business profits, guiding the assessment of whether a transaction constitutes a transfer of a capital asset or is in the nature of trade.

Indl. Development Co. (P) Ltd., 82 ITR 588 (SC). (ii). CIT v. H. Holck Larsen
288 ITR 641 · 2007 · Reported
41
citing judgments

Surplus received on sale and purchase of shares should be treated as capital gains (short-term or long-term as applicable) and not as business income.

Mrs. Madhu Kaul v. CIT
363 ITR 54 · 2014 · High Court
35
citing judgments

The period of holding a flat for capital gains purposes commences from the date of the allotment letter and the first installment payment, not from the later date of possession or registration.

Gopal Purohit v. JCIT
29 SOT 117 · 2009 · ITAT
33
citing judgments

The revenue is debarred from taking inconsistent stands on similar facts across different assessment years, adhering to the rule of consistency. Short-term capital gains are assessable under the head 'Capital Gains' only.

Raja Bahadur Visheshwar Singh v. CIT
73 ITR 652 · 1969 · Supreme Court
26
citing judgments

The intention of the assessee at the time of purchasing shares is a key criterion to determine capital gains treatment. This intention can be ascertained from how the purchase was treated in the assessee's books.

JCIT v. Montgomery Emerging Marketing Funds,\n
100 ITD 217 · 2006 · ITAT
23
citing judgments

Each transaction can be considered a separate source of income, allowing taxpayers to choose between the Income-tax Act and a Double Taxation Avoidance Agreement (DTAA) for each transaction. Section 70(2) of the Act does not prescribe an order for setting off specific short-term capital losses against specific short-term capital gains, favouring the taxpayer in interpretation.

Judgments citing short term capital gain

Bhisma Realty Limited, Mumbai vs. Income Tax Officer, Central Building Mumbai

In the result, appeal of the assessee is allowed

ITA 5694/MUM/2025[2018-19]Status: DisposedITAT Mumbai11 Dec 2025AY 2018-19

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2018-19 Bhishma Realty Limited. Vs Dcit, Cc-1(4), 3Rd Floor, Sir Vithaldas Central Building Chambers, 16 Mumbai Mumbai 400020 Sanmarg Marg, Fort, Mumbai 400001 Pan: (Aaacb5995N) Appellant Respondent Present For: Appellant By : Ms. Neha Paranjpe, Ar Respondent By : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 17.11.2025 Date Of Pronouncement : 11.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A) 47, Mumbai Vide Order No. Itba/Apl/S/250/2025- 26/1078523862(1) Dated 15.07.2025 Passed Against Assessment Order U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 03.02.2021 For Ay 2018-19. 2. The Sole Issue Raised In The Present Appeal Is In Respect Of Disallowance Made Under Section 14A R.W.R. 8D Of The Income-Tax Rules, 1962 (Hereinafter Referred To As ‘The Rules’) Of Rs. 20,06,2346/- Against Suomoto Disallowance Made By The Assessee Of Rs. 94,147/-.

For Appellant: Ms. Neha Paranjpe, ARFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 143(3)Section 14A

However, the correct factual position brought out before us is that the said gain on sale of investment is a taxable income as Short Term Capital Gain (STCG) which the assessee has offered to tax in its return of income. For this we referred to page

Gurminder Singh, Ambala City vs. Income Tax Officer Ward-2, Ambala, Ambala Cantt

The appeal stand allowed

ITA 887/CHANDI/2025[2024-25]Status: DisposedITAT Chandigarh10 Dec 2025AY 2024-25

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.887/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2024-25) Sh. Gurminder Singh Ito Ward-2 बनाम/ Vs. H.No.1998, Sec.9, Urban Estate Ambala 133001 Ambala City – 134003 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Cidps-7267-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Gurminder Singh (Assessee-In-Person) ""थ"कीओरसे/Respondent By : Smt. Moatenla (Jcit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 17-11-2025 घोषणाकीतारीख /Date Of Pronouncement : 10-12-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. The Sole Grievance Of The Assessee In Captioned Appeal For Assessment Year (Ay) 2024-25 Is Quantum Of Rebate U/S 87A. The Impugned Order Has Been Passed By Learned Addl. / Joint Commissioner Of Income Tax (Appeals)-1, Nagpur [Cit(A)] On 27-05- 2025 In The Matter Of An Intimation Issued By Cpc U/S 143(1) On 23-03- 2025. Having Heard Rival Submissions, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Gurminder Singh (Assessee-in-person)For Respondent: Smt. Moatenla (JCIT) – Ld. Sr. DR
Section 112A(6)Section 143(1)Section 87ASection 9

Equity Long Term Capital Gains 1,03,264/- 2. Debt Long Term Capital Gains with indexation 1,19,020/- 3. Equity Short Term Capital Gains 2,247/- 4. Debt Short Term Capital Gains 7,607/- 5. Income from other sources 3,13,177/- Total 5,45,315/- Agricultural Income

Venkata Ramana Goda, Visakhapatnam vs. Assisstant Commissioner of Income Tax, Circle-3(1), Visakhapatnam

In the result, the appeal filed by the assessee is allowed in terms of our aforesaid observations

ITA 489/VIZ/2025[2020-21]Status: DisposedITAT Visakhapatnam05 Dec 2025AY 2020-21

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.489/Viz/2025 (िनधा"रण वष"/Assessment Year: 2020-21) Venkata Ramana Goda, Vs. Assistant Commissioner Visakhapatnam. Of Income Tax, Circle-3(1), Pan: Abzpg3216A Visakhapatnam. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Mrs. K. Hemalatha, Ca राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 17/11/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Present Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 06/08/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 147 R.W.S 144B Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 08/03/2025. The 2 Venkata Ramana Goda Vs. Acit

For Appellant: Mrs. K. Hemalatha, CAFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 133(6)Section 147Section 148Section 151ASection 2(14)(iii)Section 234ASection 234BSection 250

requisite details, held the entire amount of the sale consideration of Rs. 61.60 lakhs (supra) as his income under the head “Short term capital gain” (STCG) and added the same to his income. 6 Venkata Ramana Goda vs. ACIT 6. Accordingly, the AO, after making the aforementioned additions, vide ... received from LIC on surrender of Keyman Insurance Policy (as reflected in Form-26AS): Rs.78,89,795/-; and (ii) addition under the head short term capital gains (STCG): Rs.61,60,000/-. 9. The assessee, being aggrieved with the order of the CIT(A) has carried the matter in appeal before

Vivek Industries, Vijayawada vs. ITO, Ward-2(3), Vijayawada

ITA 133/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam05 Dec 2025AY 2018-19

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.133/Viz/2025 (िनधा"रण वष"/Assessment Year:2018-19) Vivek Industries, Vs. Income Tax Officer, 8-1, Kamayyathopu Kanuru, Ward-2(3), Vijayawada. Vijayawada. Pan: Aanfm5215A (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Shri Gvn Hari, Advocate राज" व "ारा/Revenue By: Shri Badicala Yadagiri, Cit-Dr सुनवाई की तारीख/Date Of 20/11/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm:

For Appellant: Shri GVN Hari, AdvocateFor Respondent: Shri Badicala Yadagiri, CIT-DR
Section 142(1)Section 143(3)Section 150Section 54DSection 54F

learned Commissioner of Income-Tax (Appeals) erred in confirming the action of the Assessing officer in determining the Short Term Capital Gain at Rs.61,34,440/-. 5. The learned Commissioner of Income-Tax (Appeals) erred in not allowing deduction u/s 54F and 54EC of the I.T. Act. The learned Commissioner ... material which would substantiate the portion of the sale consideration that was relatable to the “building” which was to be subjected to short term capital gain (STCG), therefore, concluded that the entire sale consideration could not be considered as long term capital gain. Accordingly, the AO in absence of details

Krishna Chandra Das, Twenty Four Parganas South vs. I.T.O., Ward - 25(1), Kolkata

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

ITA 1804/KOL/2025[2019-2020]Status: DisposedITAT Kolkata02 Dec 2025AY 2019-2020

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2019-20 Krishna Chandra Das..……………..………………….……….……….……Appellant Ramkrishnanagar Laskarpur, Alipore, 24 Parganas (S), W.B - 743515. [Pan: Ajapd6700B] Vs. Ito, Ward-25(1), Kolkata………….…………………….....……...…..…..Respondent Appearances By: Shri B. B. Payra, Advocate, Appeared On Behalf Of The Appellant. Shri Dipu Koley, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 27, 2025 Date Of Pronouncing The Order : December 02, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.06.2025 Of The National Faceless Appeal Centre Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2019–20. 2. Brief Facts Of The Case Are That The Assessee Had Not Filed Original Return Of Income For The A.Y. 2019-20. In The Absence Of Voluntary Compliance, The Assessing Officer Initiated Reassessment Proceedings U/S 147 R.W.S. 144 Of The Act By Making Following Additions:

Section 142(1)Section 147Section 15Section 250Section 272A(1)(d)Section 45Section 56Section 69ASection 69B

absence of voluntary compliance, the Assessing Officer initiated reassessment proceedings u/s 147 r.w.s. 144 of the Act by making following additions: i. Short Term Capital Gain u/s 45 amounting to Rs. 2,25,001/-. ii. Income from other sources u/s 56 amounting to Rs. 84,644/-. iii. Salary Received