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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

Ramesh J. Thakkar, Mumbai vs. Income Tax Officer 26(3)(6), Mumbai

In the result Appeal of the Assessee is allowed

ITA 823/MUM/2022[2012-13]Status: DisposedITAT Mumbai29 Nov 2022AY 2012-13

Bench: Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 823/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2012-13) Income Tax Officer Ramesh J. Thakkar 26(3)(6) Mumbai 51, Moti Sagar,3Rd Road बिधम/ Aayakar Bhavan, M.K. Floor, Ganesh Gawde Road, Vs. Road, Church Gate, Mulund(W), Mumbai- Mumbai-400020 400080 स्थायीलेखासं./जीआइआरसं./ Pan No. Aabpt4367L (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri. Mehul Shah प्रत्यथीकीओरसे/Respondent By : Ms. Neeta Jeph सुनवाईकीतारीख/ : 01.09.2022 Date Of Hearing घोषणाकीतारीख / : 30.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against The Order Dated 17.03.2021, Passed By National Faceless Appeal Centre (Nfac), Delhi For The Quantum Of Assessment Passed U/S 147/143(3), For The Ay 2012-13. 2

For Appellant: Shri. Mehul ShahFor Respondent: Ms. Neeta Jeph
Section 132(4)Section 147Section 68

individual to has been regular investor in the stock market from last 50 years and has been regularly offering income from dividend, short term capital gain, long term capital gain from the shares and also income from 3 I.T.A. No. 823/Mum/2022 RAMESH J. THAKKAR the other sources. During the year ... scrip and has declared long term capital gain of Rs. 2,35,96,048/-, dividend income of Rs. 33,46,959/-, taxable short term capital gain of Rs. 3,17,126 and taxable long term capital gain of Rs.4,50,233/-. 6. The return of income filed

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4039/MUM/2016[2007-08]Status: HeardITAT Mumbai21 Nov 2022AY 2007-08

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

claimed long in the return of income claimed long-term capital gain of term capital gain of ₹46,15,000/-and short and short-term capital gain of ₹14,00,000/ 14,00,000/-totaling to ₹60,15,000/-on sale of paintings. In the first round of proceedings ... values assigned to those copies of bills etc. and justification for the values assigned to those paintings with regard to long term capitaland short term capital gain aintings with regard to long term capitaland short term capital gain aintings with regard to long term capitaland short term capital gain

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4038/MUM/2016[2006-07]Status: HeardITAT Mumbai21 Nov 2022AY 2006-07

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

claimed long in the return of income claimed long-term capital gain of term capital gain of ₹46,15,000/-and short and short-term capital gain of ₹14,00,000/ 14,00,000/-totaling to ₹60,15,000/-on sale of paintings. In the first round of proceedings ... values assigned to those copies of bills etc. and justification for the values assigned to those paintings with regard to long term capitaland short term capital gain aintings with regard to long term capitaland short term capital gain aintings with regard to long term capitaland short term capital gain

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4037/MUM/2016[2005-06]Status: HeardITAT Mumbai21 Nov 2022AY 2005-06

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

claimed long in the return of income claimed long-term capital gain of term capital gain of ₹46,15,000/-and short and short-term capital gain of ₹14,00,000/ 14,00,000/-totaling to ₹60,15,000/-on sale of paintings. In the first round of proceedings ... values assigned to those copies of bills etc. and justification for the values assigned to those paintings with regard to long term capitaland short term capital gain aintings with regard to long term capitaland short term capital gain aintings with regard to long term capitaland short term capital gain

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4036/MUM/2016[2003-04]Status: HeardITAT Mumbai21 Nov 2022AY 2003-04

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

claimed long in the return of income claimed long-term capital gain of term capital gain of ₹46,15,000/-and short and short-term capital gain of ₹14,00,000/ 14,00,000/-totaling to ₹60,15,000/-on sale of paintings. In the first round of proceedings ... values assigned to those copies of bills etc. and justification for the values assigned to those paintings with regard to long term capitaland short term capital gain aintings with regard to long term capitaland short term capital gain aintings with regard to long term capitaland short term capital gain

Geetha Mehra, Chennai vs. DCIT Cen Cir 44, Mumbai

In the result, the appeals of the assessee for assessment year

ITA 4035/MUM/2016[2002-03]Status: HeardITAT Mumbai21 Nov 2022AY 2002-03

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 & Assessment Year: 2006-07 & Assessment Year: 2007-08 Ms. Geetha Mehra, Acit (3)(1)(1), C/O Synergy Art Foundation Ltd., Room No. 607, Aayakar Vs. 6/19 Ii Floor, Grants Building Bhavan, Maharshi Karve Arthur Bunder Road, Colaba, Road, Mumbai-400 005. Mumbai-400020. (Formerly Deputy Commissioner Of Income Tax, Central Circle 44) Pan No. Aagpm 9039 H Appellant Respondent : Assessee By Mr. Ajay Ghone, Ar : Revenue By Mr. Kailash Kanojia, Cit-Dr Date Of Hearing : 25/08/2022 : Date Of Pronouncement 21/11/2022

For Respondent: Assessee by Mr. Ajay Ghone, AR
Section 13Section 132Section 143(3)Section 153A

claimed long in the return of income claimed long-term capital gain of term capital gain of ₹46,15,000/-and short and short-term capital gain of ₹14,00,000/ 14,00,000/-totaling to ₹60,15,000/-on sale of paintings. In the first round of proceedings ... values assigned to those copies of bills etc. and justification for the values assigned to those paintings with regard to long term capitaland short term capital gain aintings with regard to long term capitaland short term capital gain aintings with regard to long term capitaland short term capital gain