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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

M/S. Shree Hari Builders, Mumbai vs. The Income Tax Officer Ward 17(3)(1), Mumbai

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

ITA 4457/MUM/2025[2013-14]Status: DisposedITAT Mumbai19 Sept 2025AY 2013-14

Bench: Shri Pawan Singh & Smt. Renu Jauhriआयकर अपील सुं./Ita No.4457/Mum/2025 (धििाारण वर्ा / Assessment Year: 2013-2014) M/S. Shree Hari V/S. Income Tax Officer, Ward Builders बिाम 17(3)(1), Mumbai 139 2Nd Floor, Seksaria Kautilya Bhavan, C-41 To C- Chambers, N.M. Road, 43, G Block, Bandra Kurla Fort, Mumbai 400023 Complex, Bandra (East), Mumbai 400051 स्थायी लेखा सुं./जीआइआर सुं./Pan/Gir No: Aabfs2234F Appellant/अपीलाथी .. Respondent/प्रधिवादी धििााररिी की ओर से /Assessee By: Shri Rajiv Khandelwal, Ca (Virtually Appear) राजस्व की ओर से /Revenue By: Shri Ritesh Misra, Cit Dr स िवाई की िारीख / Date Of Hearing 25.08.2025 घोर्णा की िारीख/Date Of Pronouncement 19.09.2025 आदेश / O R D E R Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 14.05.2025 Passed U/S. 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”] For Assessment Year 2013-2014. 2. The Assessee Has Raised The Following Grounds In This Appeal.

For Appellant: Shri Rajiv Khandelwal, CAFor Respondent: Shri Ritesh Misra, CIT DR
Section 144Section 147Section 148Section 250

assessee during the course of further proceedings, the assessment was completed ex-parte treating the amount of Rs. 2,16,81,500/- as short term capital gain of assessee vide order dated 29.03.2022 passed u/s. 147 r.w.s. 144 r.w.s. 144B of the Act. Aggrieved with this order, the assessee preferred

Lic Mutual Fund Asset Management Limited, Mumbai vs. DCIT-1(2)(1), Mumbai

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

ITA 4246/MUM/2025[2022-23]Status: DisposedITAT Mumbai19 Sept 2025AY 2022-23

Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeeassessment Year : 2022-23 Lic Mutual Fund Asset Dcit-1(2)(1), Management Limited, Aayakar Bhavan, 4Th Floor, Industrial Assurance Vs. Maharshi Karve Road, Building, Mumbai-400020. Opp: Churchgate Station, Churchgate, Mumbai-400020. Pan : Aaacj1166H (Appellant) (Respondent) For Assessee : Shri Madhur Agrawal & Shri Ravikant Pathak For Revenue : Shri Rajesh Kumar Yadav, Cit-Dr Date Of Hearing : 15-09-2025 Date Of Pronouncement : 19-09-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Pr. Commissioner Of Income Tax, Mumbai-1, [„Ld.Pcit‟], Dated 07-03- 2025, U/S. 263 Of The Income Tax Act, 1961 („The Act‟), Pertaining To Assessment Year (Ay) 2022-23, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “1.The Hon'Ble Principal Commissioner Of Income Tax, Mumbai-1 (Hereinafter Referred As Hon'Ble Pcit] Erred In Setting Aside The Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961 ("Act") & Passing The Revision Order U/S 263 Of The Act.

For Appellant: Shri Madhur Agrawal &For Respondent: Shri Rajesh Kumar Yadav, CIT-DR
Section 143(2)Section 143(3)Section 263

revenue, from sale of shares does 6 not arise for consideration. It was further submitted that the assessee has infact realized certain Short Term Capital Gain on sale of mutual funds, which have been duly offered to tax under the head „income from capital gains‟ and necessary details were again

Baldeep Singh, Chandigarh vs. Asstt. Commissioner of Income Tax, Circle-5(1), Chandigarh

In the result, Assessee’s appeal is allowed

ITA 199/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh03 Sept 2025AY 2012-13

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 199/Chd/2025 "नधा"रण वष" / Assessment Year : 2012-13 Baldeep Singh, The Acit, C/O Tej Mohan Singh, बनाम Circle 5(1), Advocate Chandigarh Vs. #527, Sector 10-D. Chandigarh "थायी लेखा सं./Pan No: Adyps3636F अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Tej Mohan Singh, Advocate राज"व क" ओर से/ Revenue By : Sh. Vivek Varadhan, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 03.07.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 03.09.2025 आदेश/Order Per Krinwant Sahay, Am: Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 10.01.2025 Of Addl./Jcit(A)-1. Nagpur For The A.Y. 2012-13. 2. Grounds Of Appeal Are As Under: -

For Appellant: Sh. Tej Mohan Singh, AdvocateFor Respondent: Sh. Vivek Varadhan, Addl. CIT, Sr.DR
Section 143(3)Section 147Section 148Section 69A

arbitrary and unjustified. 5. That the Ld. Commissioner of Income Tax (Appeals) has failed to appreciate that the assessee had already declared the short term capital gains of Rs. 1,53,192/-on the sale of shares of VMS Industries Limited while filing the return of income and as such ... original Income Tax Return and then a return in response to notice u/s 148, by declaring the same income under the heads business, short term capital gains, long term capital gains and other sources Copy of Computation of Income already filed, is enclosed herewith. 199-Chd-2025 Baldeep Singh, Chandigarh