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“short term capital gains”

Capital GainsSection 2(42A)Section 2(42A)903 judgments

The decision most relied on for short term capital gains is CIT v. Ace Builders (P) Ltd. (281 ITR 210), cited in 88 judgments on BharatTax.

Leading authorities on short term capital gains

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 gains

Ramanathan Adaikalavan, Coimbatore, Tamil Nadu vs. The Income Tax Officer, National Faceless Assessment Centre, New Delhi

In the result, the appeal of the assessee is allowed

ITA 557/CHNY/2024[2014-15]Status: DisposedITAT Chennai06 Dec 2024AY 2014-15

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./ Ita No.557/Chny/2024 निर्ाारण वर्ा /Assessment Years: 2014-15 Ramanathan Adaikalavan, Deputy Commissioner Of Income Tax, No.80, Ansari Street, Ram Nagar, Non-Corporate Circle-2, Coimbatore-641009. Coimbatore [Pan: Aanpa6846P] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri P.M.Kathir, Advocate. प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुिवाई की तारीख/Date Of Hearing : 05.11.2024 घोर्णा की तारीख /Date Of Pronouncement : 06.12.2024 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri P.M.Kathir, AdvocateFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 143(3)Section 147Section 148Section 250Section 55A

order u/s 250 dated 08.01.2024 passed by NFAC, Delhi. 2.0 The assessee is contesting the addition of Rs. 6.80 Crs by way of short term capital gains made by the Ld. Assessing Officer and its confirmation by the Ld.First Appellate Authority. The assessee has in all :- 2 -: raised 5 grounds ... respect of Non-depreciable asset of land only and in respect of the depreciable asset of the buildings, assessee had to offer short term capital gain as envisaged in section 50. 4. Enquiries made by the AO as sequel to information received: NA 5. Findings of the assessing officer

M/S. Campus Buildcon Pvt. Ltd., Delhi vs. ACIT, New Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed

ITA 2850/DEL/2017[2010-11]Status: DisposedITAT Delhi22 Nov 2024AY 2010-11

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.2850/िद"ी/2017 (िन.व. 2010-11) Templeton Stockgrowth P. Ltd., (Erstwhile M/S. Campus Buildcon P. Ltd.) D-248, Office 103 First Floor, Abhishek Business Centre, Gali No. 10, Laxmi Nagar, Delhi 110092 ...... अपीलाथ"/Appellant Pan: Aadcc-3617-P बनाम Vs. Assistant Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 25(1), New Delhi अपीलाथ" "ारा/ Appellant By : S/Shri Salil Kapoor & Shivam Yadav, Advocates "ितवादी"ारा/Respondent By : Shri Surender Pal, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 19/11/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 22/11/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-33, New Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 20.02.2017, For Assessment Year 2010-11. 2. The Assessee In Appeal Has Raised A Solitary Issue I.E. Treating Of ‘Short Term Capital Gain’ On Sale Of Shares As ‘Business Income’ Of The Assessee. 3. Shri Salil Kapoor, Appearing On Behalf Of The Assessee Submits That During The Period Relevant To The Assessment Year Under Appeal, The Assessee Had Sold Shares

For Appellant: S/Shri Salil Kapoor, and Shivam Yadav, AdvocatesFor Respondent: Shri Surender Pal, CIT-DR

dated 20.02.2017, for assessment year 2010-11. 2. The assessee in appeal has raised a solitary issue i.e. treating of ‘Short Term Capital Gain’ on sale of shares as ‘Business Income’ of the assessee. 3. Shri Salil Kapoor, appearing on behalf of the assessee submits that during the period relevant ... assessment year under appeal, the assessee had sold shares 2 held as investment. The Short Term Capital Gain amounting to Rs.21,64,49,666/- arising on sale of shares was offered to tax. The Assessing Officer (AO) placing reliance on CBDT Instruction no. 1827 dated 31.08.1989 and 13.12.2005 treated

Dilip Kapur, Pondicherry vs. ACIT, NFAC, Circle 1, Pondicherry

In the result the appeal of the assessee is allowed

ITA 984/CHNY/2024[2014-15]Status: DisposedITAT Chennai06 Nov 2024AY 2014-15

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 984/Chny/2024 िनधा"रणवष" / Assessment Year: 2014-15 Dilip Kapur The Assistant Commissioner Of 7, Saint Martin Street, Income Tax, Pondicherry (Ut), Circle -1, Pondicherry – 605 001. Pondicherry – 605 003. [Pan: Adspd-4530-H ] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. Vikram Vijayaraghavan, Advocate ""यथ"क"ओरसे/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 22.08.2024 घोषणा क" तारीख/Date Of Pronouncement : 06.11.2024

For Appellant: Shri. Vikram Vijayaraghavan, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 10(38)Section 143(3)Section 147Section 148Section 271Section 271(1)(c)

there is no income escaping assessment. Further, the 11th transaction pertains to Reliance Liquidity Fund - Treasury Plan-Retail option on which Appellant earned short term capital gains and offered it to tax of Rs.13,24,121/- so this cannot be subject matter of dispute. The AO on merits u/s.147 passed ... there is no income escaping assessment. Further, the 11th transaction pertains to Reliance Liquidity Fund - Treasury Plan-Retail option on which assessee earned short term capital gains and offered it to tax of Rs.13,24,121/- so this cannot be subject matter of dispute. The AO was convinced with

Assistant Commissioner of Income Tax, Delhi vs. Vireet Investments Private Limited, Delhi

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

ITA 938/DEL/2024[2004-05]Status: DisposedITAT Delhi06 Nov 2024AY 2004-05

Bench: Shri S.Rifaur Rahman & Shri Sudhir Kumaracit, Circle 17 (1) Vs. Vireet Investments Pvt. Ltd., Delhi. 21D, Friends Colony West, New Delhi – 110 065. (Pan : Aaacv2033M) (Appellant) (Respondent) Assessee By : Shri Manish Jain, Ca Revenue By : Ms. Sapna Bhatia, Cit Dr Date Of Hearing : 04.09.2024 Date Of Order : 06.11.2024 Order Per S.Rifaur Rahman,Am: 1. The Appeal Has Been Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Delhi/National Faceless Appeal Centre (Nfac) [“Ld. Cit(A)”, For Short] Dated 28.12.2023 For The Assessment Year 2004-05. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income For Assessment Year 2004-05 On 31.10.2004 Declaring Income Of Rs.34,80,69,911/-. The Same Was Processed Under Section 143 (1) Of The 2 Income-Tax Act, 1961 (For Short ‘The Act’) On 28.12.2004. The Case Was Selected For Scrutiny & Notices U/S 143(2) & 142(1) Of The Act Were Issued & Served On The Assessee. In Response, Ld. Ar For The Assessee Attended From Time To Time & Submitted Relevant Information As Called For. 3. The Assessee Was Incorporated On 03.10.1983 With The Main Objects, As Per Memorandum Of Association, To Acquire & Hold Shares, Stocks, Debentures, Debenture Stocks, Bonds, Obligations & Securities Issued Or Guaranteed By Any Company Constituted Or Carried On Business In The Republic Of India. After Considering The Submissions Of The Assessee, The Assessing Officer Proceeded To Make The Following Additions In The Assessment Completed U/S 143 (3) Of The Act :-

For Appellant: Shri Manish Jain, CAFor Respondent: Ms. Sapna Bhatia, CIT DR
Section 143Section 143(2)Section 14ASection 48Section 80G

Appeal) order 1 Capital Gain Income treated as Business Rs.36,79,65,338/- 67 Income (Long term capital gain and Short term capital gain) Long term Capital Gain on sale of Rs.33,17,66,907/- HCL Group Shares held in capacity of promoter treated as business income Long term Capital ... Gain others treated as Rs. 2,24,90,871/- business income Short term Capital Gain treated as Rs. 16,14,264/- business income 2. Disallowance of Capital loss on transfer Rs. 40,60,000/- 73 of shares of PDK Shenaj Hotels Pvt. Ltd 3. Disallowance of all Expenses debited