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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

ACIT, New Delhi vs. M/S. Linkwise Marketing Pvt. Ltd., Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 6659/DEL/2016[2013-14]Status: DisposedITAT Delhi09 Apr 2025AY 2013-14

Bench: Shri Satbeer Singh Godara & Shris.Rifaur Rahmanacit, Central Circle 3, Vs. M/S. Linkwise Marketing Private Ltd., New Delhi. Room No.107, Anand Jyoti Building, Netaji Subhas Road, Kolkata – 711 204 (West Bengal). (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Revenue By : Ms. Baljeet Kaur, Cit Dr Date Of Hearing : 28.01.2025 Date Of Order : 09.04.2025 O R D E R Per S. Rifaur Rahman: 1. The Revenue Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-23, New Delhi [For Short “Ld. Cit(A)”] Dated 26.10.2016 For The Assessment Year 2013-14 Raising Following Grounds Of Appeal :- “1. The Order Of Ld. Cit (A) Is Not Correct In Law & On Facts. 2. On The Facts & Circumstances Of The Case, The Cit(A) Has Erred In Deleting The Addition Of Rs.3,00,00,000/- Made By A0 On Account Of Cash Credit In The Form Of Shares.

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms. Baljeet Kaur, CIT DR
Section 127Section 132Section 143(2)Section 153ASection 153C

consideration of Rs.3,00,00,000/-. He further submitted that as a result of such sale of shares, there was a short term capital gain to the assessee of Rs.50,000/- which was duly shown in the computation of income and this fact has neither been disputed ... adverse inference was drawn with regard to the disclosure of short term capital gain by the assessee. He further submitted that this issue is covered in favour of the assessee as is evident from para 4.4 of the CIT (A) order, reproduced above. He submitted that the facts