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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

Bhawani Shanker Gupta, New Delhi vs. ITO, Ward- 24(3), New Delhi

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

ITA 1324/DEL/2018[2008-09]Status: DisposedITAT Delhi10 Jun 2021AY 2008-09

Bench: Shri R.K. Pandaassessment Year: 2008-09 Bhawani Shanker Gupta, Vs Ito, 18, Asola Village, Fatehpur Beri, Ward-24(3), Near Mcd Hospital, New Delhi. New Delhi. Pan: Aanpg5347D (Appellant) (Respondent) Assessee By : Shri Lalit Mohan, Ca Revenue By : Shri R.K. Gupta, Sr. Dr Date Of Hearing : 20.05.2021 Date Of Pronouncement : 10.06.2021 Order This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.11.2013 Of The Cit(A)-11, New Delhi, Relating To Assessment Year 2008-09. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Engaged In The Business Of Retail Trading Of Building Material. He Filed His Return Of Income On 31St July, 2008 Declaring The Total Income At Rs.1,07,216/-. The Case Of The Assessee Was Selected For Scrutiny Through Cass. In This Case Air Information Was Also Received For Deposit Of Cash Above Rs.10 Lakhs.

For Appellant: Shri Lalit Mohan, CAFor Respondent: Shri R.K. Gupta, Sr. DR
Section 44ASection 80C

revised the gross receipt amount to Rs.7,08,320/- and declared profit of Rs.35,416/- u/s 44AF of the Act and also shown short-term capital gain of Rs.66,664/- apart from “Income from other sources” of Rs.11,415/-. The AO, thereafter, asked the assessee to explain the source ... from Business/Profession Net profit declared in accordance with the provisions of section 44AF (5% of Rs.7,08.320/-) 35,416/- Income from Capital Gain Short Term capital gain (as per enclosed sheet) 66,664/- Income from Other Sources 3 REC Bonds Interest 11000 Bank Interest 415 11415 Total Income