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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

Kamlesh Sharma, Raipur vs. DCIT, Circle-1(1), Raipur

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

ITA 70/RPR/2026[2020-21]Status: DisposedITAT Raipur06 Mar 2026AY 2020-21

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं. / Ita No: 70/Rpr/2026 (िनधा"रण वष" Assessment Year: 2020-21) Kamlesh Sharma, House No.109, Vs Deputy Commissioner Of Income Harihant Nagar, Sarona, Tax, Circle-1(1), Central Revenue Ring Road No.1, Raipur-492001, Cg Building, Civil Lines, Raipur-492001 Pan: Bppps4514C (अपीलाथ"/Appellant) (""थ" / Respondent) : िनधा"रती की ओर से / Assessee By : None (Adjournment Petition Filed) राज" की ओर से / Revenue By : Dr. Priyanka Patel, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 20/02/2026 घोषणा की तारीख / Date Of : 06/03/2026 Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am: This Appeal For Assessment Year (‘Ay’) 2020-21 Filed By The Assessee Is Directed Against The Order Dated 18.12.2025 Of The Commissioner Of Income Tax (Appeals), [‘Cit(A)’], National Faceless Appeal Centre (‘Nfac’), Delhi Passed Under Section 250 Of The Income Tax Act, 1961 (‘Act’).

For Appellant: None (Adjournment Petition filed)For Respondent: Dr. Priyanka Patel, Sr. DR
Section 10Section 139(1)Section 147Section 148Section 151ASection 249(3)Section 250Section 57Section 69

exempt allowance u/s 10: iv. Addition of Rs. 1,10,00,000.00 u/s 69; and v. Addition of Rs. 39,497.00 as Short Term Capital Gain. All these additions are liable to be deleted. 4. That the appellant reserves the right to add, alter or modify any ground of appeal

Vinod Kumar Kailashchandra Verma, Raipur vs. Income Tax Officer, Ward-1(3), Raipur

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

ITA 69/RPR/2026[2015-16]Status: DisposedITAT Raipur06 Mar 2026AY 2015-16

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं. / Ita No: 69/Rpr/2026 (िनधा"रण वष" Assessment Year: 2015-16) Vinod Kumar Khailashchandra Verma, Vs Income Tax Officer, Ward 3(1), House No.496/9, Avanti Vihar, Sector-2, Central Revenue Building, Telibandha, Raipur-492001 (C.G.) Civil Lines, Raipur, C.G. 492001 Pan: Aanpv5964B (अपीलाथ"/Appellant) (""थ" / Respondent) : िनधा"रती की ओर से / Assessee By : None. (Adjournment Petition Filed.) राज" की ओर से / Revenue By : Dr. Priyanka Patel, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 20/02/2026 घोषणा की तारीख / Date Of : 06/03/2026 Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am:

For Appellant: None. (Adjournment petition filed.)For Respondent: Dr. Priyanka Patel, Sr. DR
Section 144Section 147Section 148Section 151Section 249(2)Section 249(3)Section 250Section 69A

Addition of Rs.2,89,486.00 as Income from Other sources; and iii. Addition of Rs.59,28,000.00 as Short Term Capital Gain. All these additions are liable to be deleted. 5. That the appellant reserves the right to add, alter or modify any ground of appeal.” 2.1 The 1st ground

Pankaj Agarwal, Kanpur vs. The AO Special Range, Kanpur

In the result, the appeal of the assessee is allowed

ITA 122/LKW/2024[2017-18]Status: DisposedITAT Lucknow27 Feb 2026AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Pankaj Agarwal, 7/151, Ratan Vs. The Assessing Officer, Majestic, Opp. Sony World, Special Range, Kanpur- Swaroop Nagar, Kanpur-208002 208001 Pan: Abnpa4816E (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 23.12.2025 Date Of Pronouncement: 27.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Cit(A), Nfac Dated 9.01.2024 Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Orders Of The Ld. Ao, Special Range, Kanpur, Passed Under Section 143(3) On 26.09.2019. 2. It Is Seen From The Record That The Appeal Is Delayed By 2 Days. However, Since The Date Of Filing Is Preceded By Saturday & Sunday, Wherein The Offices Of The Itat Were Closed, The Delay Is Condoned & The Appeal Is Admitted For Hearing. The Grounds Of Appeal Are As Under: - “1. Because The Cit(A) Has Erred On Facts & In Law In Treating The Loss Of Rs.42,17,895/- Being Loss On Account Of Trading In Derivatives As A Capital Loss As Against Business Loss Claimed By The Assessee, Which Finding Of The Ao Being Contrary To Facts, Bad In Law, The Addition Made Be Deleted.

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 143(3)Section 43(5)Section 44ASection 72Section 74

further held that short term capital loss of the current year could only be set off 3 A.Y. 2017-18 Pankaj Agarwal against short term capital gain during the year and therefore, he upheld the disallowance made by the AO. 5. The assessee has come in appeal before ... guidelines appear to have been reproduced, in an effort to show that derivatives can be considered to be a capital asset attracting short term capital gains or losses. To our mind, the issue in the present case is not whether derivatives could be regarded to be a short-term capital

Pragnaben Umeshbhai Yagnik, Ahmedabad vs. The ITO, Ward-1(2)(1), Ahmedabad

The appeal of the assessee is treated as allowed for statistical purposes

ITA 2529/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad25 Feb 2026AY 2015-16

Bench: Shri Sanjay Garg & Annapurna Guptaआयकर अपील सं /Ita No.2529/Ahd/2025 िनधा"रण वष" /Assessment Year : 2015-16 Pragnaben Umeshbhai Yagnik The Ito बनाम/ 118, Saket Raw House Ward-1(2)91) V/S. B/H. Memnagar Gram Ahmedabad – 380 015 Panchayat Memnagar S.O. Ahmedabad – 380 025 "थायी लेखा सं./Pan: Aahpy 1844 P (अपीलाथ)/ Appellant) (*+ यथ)/ Respondent) Assessee By : Shri Tushar Hemani, Sr. Advocate Revenue By : Shri Rameshwar P. Meena, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 19/02/2026 घोषणा की तारीख /Date Of Pronouncement: 25/02/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 28/06/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2015-16. 2. The Assessee, In This Appeal, Is Aggrieved By The Action Of The Lower Authorities In Making/Confirming The Addition Of Rs.1,00,01,000/- On Account Non-Deposit Of Tax Of Short Term Capital Gain (Stcg) Earned By The Assessee. Pragnaben Umeshbhai Yagnik Vs. Ito Asst. Year : 2015-16 2

For Appellant: Shri Tushar Hemani, Sr. AdvocateFor Respondent: Shri Rameshwar P. Meena, Sr.DR
Section 147Section 250

action of the lower authorities in making/confirming the addition of Rs.1,00,01,000/- on account non-deposit of tax of Short Term Capital Gain (STCG) earned by the assessee. Pragnaben Umeshbhai Yagnik vs. ITO Asst. Year : 2015-16 2 3. At the outset, the Ld. Counsel for the assessee