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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

Vaishali Keshav Kulkarni, Pune vs. ITO Ward 13(2), Pune

In the result the Grounds Numbers 2, 3 and 4 raised by the assessee are allowed

ITA 540/PUN/2025[2015-16]Status: DisposedITAT Pune28 May 2025AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.540/Pun/2025 निर्धारण वर्ष / Assessment Year: 2015-16 Vaishali Keshav Kulkarni, Flat No.3, Hermes Grandstand Society, Kavade Maal Sopan Baug, Pune Cantt East So., Pune 411001. Pan: Atjpk4884A Appellant/ Assessee V The Income Tax Officer, S Ward-13(2), Pune. Respondent / Revenue Assessee By Shri Kartik Natrajan – Ca/Ar Revenue By Shri Harish Bist – Addl.Cit(Dr) Date Of Hearing 03/04/2025 Date Of Pronouncement 28/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961; Dated 13.12.2024 For Assessment Year 2015-16 Emanating From Assessment Order U/S.147 R.W.S 144 Dated 05/03/2024. The Assessee Has Raised The Following Grounds Of Appeal :

Section 147Section 148Section 148ASection 149Section 250

Assessing Officer has passed an Assessment Order u/s.147 r.w.s.144 of the Act on 05/03/2024. The Assessing Officer taxed 1/5th share as Short Term Capital Gain at Rs.24,00,000/-. The relevant paragraph of the Assessment Order is reproduced here as under : “Taking into consideration the relevant material available on records ... facts and circumstances of the case, Rs.24,00,000/- is added to the total income on account of on account of short-term Capital Gain.” 4.5 Thus, though the Assessing Officer was having copy of the impugned Deed of Sale, which gives entire narration and history of the impugned immovable

Vikas Bhagoji Shinde, Pimpri Pune vs. Income Tax Officer Ward 8(4) Akurdi, Nigdi Pradhikaran

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

ITA 1879/PUN/2024[2014-15]Status: DisposedITAT Pune23 May 2025AY 2014-15

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1879/Pun/2024 िनधा"रण वष" / Assessment Year : 2014-15 Vikas Bhagoji Shinde, Vs. Ito, Ward-8(4), Akurdi. 517/2496, Akshay Hsg Society, Sant Tukaram Nagar, Pimpri- 411018. Pan : Adyps0967P Appellant Respondent Assessee By : Shri Bharat Shah Revenue By Shri Arvind Desai : Date Of Hearing : 27.02.2025 Date Of Pronouncement : 23.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.08.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1) The Authorities Below Erred In Making & Confirming The Addition Of Rs. 3050000 U/S 56(Vii)(B) Of The Income Tax Act When The Amount Paid To The Seller As Well As To Others For Cancellation Of Deeds Of This Property Is More Than The Market Valuation. The Addition Made On This Account Be Deleted & Just & Proper Relief Be Granted To The Assessee In This Respect.

For Appellant: Shri Bharat Shah
Section 143(2)Section 143(3)Section 56

proper relief be granted to the assessee in this respect. 2 2) The authorities below erred in making and confirming addition of short term capital gain to the returned income by treating the land transaction as complete only on the basis of an agreement on the stamp paper ... above property and accordingly an amount of Rs.2,30,29,600/- (4,50,50,000 - 2,20,20,400) was determined as short term capital gain on so-called sale of above impugned property. The Assessing Officer completed the assessment u/s 143(3) of the IT Act by determining total

Teacher Retirement System of Texas, Mumbai vs. Assistant Commissioner of Income Tax (International Taxation )-4(1)(2), Mumbai

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

ITA 1371/MUM/2025[2022-23]Status: DisposedITAT Mumbai23 May 2025AY 2022-23

Bench: Shri Sandeep Singh Karhailshri Girish Agrawalteacher Retirement System Of Texas, C/O Ernst & Young Llp, 17Th Floor, The Ruby, 29, Senapati Bapat Marg, Dadar (West), ............... Appellant Mumbai - 400028 Pan: Aaatt9387R V/S Acit (It) – 4(1)(2), Kautilya Bhavan, ……………… Respondent G-Block, Bandra Kurla Complex, Mumbai - 400051 Assessee By : Shri Anish Thacker Shri Pranay Gandhi Revenue By : Shri Soumendu K. Dash, Sr.Dr

For Appellant: Shri Anish ThackerFor Respondent: Shri Soumendu K. Dash, Sr.DR
Section 142(1)Section 143(2)Section 143(3)Section 144C(13)Section 144C(3)Section 144C(5)Section 234CSection 270ASection 70Section 70(2)

erred in rejecting the hierarchy of set-off of short-term capital losses adopted by the Appellant and thereby, taxing the gross short-term capital gains in respect of transactions on sale of Rights Entitlement / fractional proceeds not chargeable to Security Transaction Tax ('STT'); 2. failed to appreciate that income ... losses, the short-term capital loss arising from sale transactions subjected to STT can be first set-off against the short-term capital gains arising from sale transactions not subjected to STT, instead of short-term capital gains arising from sale transactions subjected to STT. 4. erred in not following