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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

Assistant Commissioner of Income Tax, New Delhi vs. Archana Dalmia, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3998/DEL/2024[2014-15]Status: DisposedITAT Delhi10 Jul 2025AY 2014-15

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.3998/िद"ी/2024(िन.व. 2014-15) Assistant Commissioner Of Income Tax, Circle 52(1), 14Th Floor, E-2 Block Civic Centre, ...... अपीलाथ"/Appellant New Delhi 11002 बनाम Vs. Archana Dalmia, 3, Sikandra Road, Kalmia House, New Delhi ..... "ितवादी/Respondent Pan: Aagpd-7794-N Assessee By : S/Shri Kunal Agarwal, Chartered Accountant & Manish Agarwal, Advocate Department By: Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/04/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 10/07/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)] Dated 26.06.2024, For The Assessment Year 2014-15. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Sold 23,500 Shares Of Durga Enterprises P. Ltd., During The Period Relevant To Assessment Year Under Appeal To Pyramid Commodities (P) Ltd. (Unrelated Party) For A Total Consideration Of Rs.19,97,50,000/-. The Assessee Suffered Long Term

For Appellant: S/Shri Kunal Agarwal, Chartered Accountant &For Respondent: Shri Ashish Tripathi, Sr. DR
Section 132Section 132(4)Section 147Section 148Section 55(2)(b)

were used to provide accommodation entries of Long Term Capital Gain to various beneficiaries in lieu of commission. The assessee has shown Short Term Capital Gain on bogus penny stocks of PMC Fincorp Ltd. The AO held that the assessee is one of the beneficiary of aforesaid accommodation entries ... deleting the additions on account of Long Term Capital Gain on sale of unlisted shares and confirming addition of Short Term Capital Gain on sale of penny stock. The ld. DR reiterated findings of the Assessing Officer. 4. Per contra, Shri Kunal Agarwal appearing on behalf of the assessee/respondent strongly