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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

Ramsing Himmatsing Rajput, Nashik vs. ITO, Ward 2(1), Nashik

ITA 601/PUN/2024[2015-16]Status: DisposedITAT Pune16 May 2024AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.601/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Ramsing Himmatsing Vs. Ito, Ward-2(1), Nashik. Rajput, Plot No.17, Usha Bunglow, Near Seven Heven Hotel, Behind Lotus House, Chetna Nagar, Nashik- 422009. Pan : Adrpr2780A Appellant Respondent Assessee By : Shri Sanket Joshi Revenue By : Shri Manoj Tripathi Date Of Hearing : 02.05.2024 Date Of Pronouncement : 16.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.02.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “1] The Learned Cit(A) Erred In Confirming The Addition U/S 50C Of Rs. 14,25,000 By Taxing The Difference Between Govt. Valuation Of Rs.22,25,000 & Actual Sale Consideration Of Rs.8,00,000 Without Appreciating That The Impugned Land Located Near River Bank Was Vulnerable To Floods, It Was Situated Near Cremation

For Appellant: Shri Sanket JoshiFor Respondent: Shri Manoj Tripathi
Section 142(1)Section 144Section 147Section 148Section 50C

gain of Rs.14,25,000/-, being difference of stamp duty value Rs.22,25,000/- & the actual sale consideration of Rs.8,00,000/-as “Short Term Capital Gains”. 4. Being aggrieved, an appeal was filed before ld. CIT(A)/NFAC, who vide impugned order Dated 19-02-2024 partly allowed ... stamp duty purposes per section 50C (2) and that the AO has erred in not considering cost of land sold while calculating short term capital gain. 6.1 The AO in the assessment order noted that the assessee had sold an immovable property at Rs. 800000/- whose guideline value

Income-Tax Officer, Ahmedabad vs. Jhaveri Sandeep Bipinchandra (HUF), Mumbai

The appeal of the Revenue is dismissed

ITA 805/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad10 May 2024AY 2016-17

Bench: Smt.Annapurna Gupta & Ms. Suchitra R. Kambleassessment Year : 2016-17 Jhaveri Sandeep Income Tax Officer, Vs. Bipinchandra (Huf), Ward-5(3)(1), 21, Crest Nutan Laxmi Soc., Ahmedabad 9Th Road, Jvpd Scheme, Juhu, Mumbai, Maharashtra 400049 Pan : Aachj 0855 Q अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Deepak Shah, Ar Revenue By : Shri Ashok Kumar Suthar, Sr Dr सुनवाई की तारीख/Date Of Hearing : 15.02.2024 घोषणा की तारीख /Date Of Pronouncement: 10.05.2024 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Revenue Against Order Of The Commissioner Of Income-Tax (Appeals), Pune-12 [Hereinafter Referred To As "Cit(A)" For Short] Dated 24.08.2023 Passed Under Section 250(6) Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2016-17. 2. Ground Of Appeal No.1 Raised By The Department Reads As Under:- “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Treating The Income Of Rs. 54,49,539/- As Short Term Capital Gain Instead Of Business Income.” 3. The Issue Raised In The Above Ground Relates To The Short Term Capital Gain Returned By The Assessee, On The Transactions Of Dealing In Shares, As Ito Vs Jhaveri Sandeep Bipinchandra Huf Ay : 2016-17 2

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri Ashok Kumar Suthar, Sr DR
Section 250(6)

circumstances of the case and in law, the Ld. CIT(A) has erred in treating the income of Rs. 54,49,539/- as Short Term Capital Gain instead of business income.” 3. The issue raised in the above ground relates to the Short Term Capital Gain returned by the assessee ... Sandeep Bipinchandra HUF AY : 2016-17 2 business income of the assessee. The assessee is involved in share trading activity and had returned Short Term Capital Gain on the same amounting to Rs.65,49,765/-. The Assessing Officer, however, found that, in the preceding year

Harshad Mansukhlal Shah., Mumbai vs. ACIT, Cir-29, Kolkata.

In the result, appeal of the assessee is allowed

ITA 948/KOL/2023[2015-16]Status: DisposedITAT Kolkata08 May 2024AY 2015-16

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 948/Kol/2023 Assessment Year: 2015-16 Harshad Mansukhlal Shah Acit, Circle-29, Kolkata 1208, C2 Wing Sheetal Nath Vs Gordia Nagar, Kurla Mumbai - 700077 [Pan : Alops0164Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, Fca Revenue By : Shri Swapan Kumar Bera, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 17/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 08/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 10/12/2021, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2015-16. 2. The Appeal Is Time Barred By 577 Days. On The Last Date Of Hearing I.E., 21/03/2024, The Bench After Considering The Condonation Application & Other Facts & Circumstances Of The Case Has Condoned The Delay In Filing Of The Instant Appeal Vide Its Order Dt. 21/03/2024, Which Forms Part Of The Record. Thus, We Proceed To Adjudicate The Appeal On Merits. 3. The Assessee Has Raised The Following Grounds Of Appeal:- “That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Erred In Accepting The View Of The Ao That The Disclosed Short-Term Capital Gain Of Rs. 18,67,181/- As Business Income Of Rs. 18,67,181/-.

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Swapan Kumar Bera, JCIT, Sr. D/R
Section 112Section 143(3)Section 250

circumstances of the case, the Ld. CIT(A) is erred in accepting the view of the AO that the disclosed short-term capital gain of Rs. 18,67,181/- as business income of Rs. 18,67,181/-. 2 I.T.A. No. 948/Kol/2023 Assessment Year: 2015-16 Harshad Mansukhlal Shah That ... appellate proceedings or in course of appellate proceedings.” 4. Facts in brief are that the assessee is a senior citizen earning income from short terms capital gain, F&O transactions etc.. Return of income for Assessment Year 2015-16 furnished on 17/08/2015 declaring income of Rs.37,30,090/-. After

Arjun Manoj Purohit, Thane vs. Income Tax Officer, Ward-2(1), Thane

In the result, both the appeals of the assesse are allowed

ITA 3655/MUM/2023[2015-16]Status: DisposedITAT Mumbai02 May 2024AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3654/Mum/2023 (िनधा"रण वष" / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3655/Mum/2023 (िनधा"रण वष" / Assessment Year: 2015-16) बनाम/ Arjun Manoj Purohit Ito, Ward-2(1) Room No. 25B, 6Th Arjun Niwas Padmavati Vs. Nagar, 150 Feet Road Floor, Asher It Park, Shyander (W), Thane- Road No. 16Z, Wagle 401105. Industrial Estate, Thane- 400604. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Anxpp8321K (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By: Shri Rakesh Joshi Revenue By: Shri Manoj Kumar Sinha (Sr. Dr) सुनवाई की तारीख / Date Of Hearing : 03/04/2024 घोषणा की तारीख /Date Of Pronouncement : 02/05/2024 आदेश / O R D E R

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Manoj Kumar Sinha (Sr. DR)
Section 133(6)Section 148Section 68

copy of return of income along with computation of income, Balance-Sheet, P & L Account, Audit Report, details of bank accounts, details of short term capital gains on sale of land/DRC, copy of confirmation from M/s. Shipra Fabrics Pvt Ltd and M/s. Lunkad Textile Pvt. Ltd. After acknowledging receipt ... assessee is an individual, who is engaged in construction business, and has shown income from construction as well as rental income, commission/brokerage and short term capital gain from sale of land. The assessee had filed return of income showing total income of Rs.1,12,28,840/- which was processed

Arjun Manoj Purohit, Thane vs. Income Tax Officer, Ward-2(1), Thane

In the result, both the appeals of the assesse are allowed

ITA 3654/MUM/2023[2014-15]Status: DisposedITAT Mumbai02 May 2024AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3654/Mum/2023 (िनधा"रण वष" / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3655/Mum/2023 (िनधा"रण वष" / Assessment Year: 2015-16) बनाम/ Arjun Manoj Purohit Ito, Ward-2(1) Room No. 25B, 6Th Arjun Niwas Padmavati Vs. Nagar, 150 Feet Road Floor, Asher It Park, Shyander (W), Thane- Road No. 16Z, Wagle 401105. Industrial Estate, Thane- 400604. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Anxpp8321K (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By: Shri Rakesh Joshi Revenue By: Shri Manoj Kumar Sinha (Sr. Dr) सुनवाई की तारीख / Date Of Hearing : 03/04/2024 घोषणा की तारीख /Date Of Pronouncement : 02/05/2024 आदेश / O R D E R

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Manoj Kumar Sinha (Sr. DR)
Section 133(6)Section 148Section 68

copy of return of income along with computation of income, Balance-Sheet, P & L Account, Audit Report, details of bank accounts, details of short term capital gains on sale of land/DRC, copy of confirmation from M/s. Shipra Fabrics Pvt Ltd and M/s. Lunkad Textile Pvt. Ltd. After acknowledging receipt ... assessee is an individual, who is engaged in construction business, and has shown income from construction as well as rental income, commission/brokerage and short term capital gain from sale of land. The assessee had filed return of income showing total income of Rs.1,12,28,840/- which was processed