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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

Mr. Lalitkumar Thanmaljain, Mumbai vs. ITO Ward 26 (2)(1), Mumbai

In the result, the appeal filed by the assessee treated as allowed for statistical purposes

ITA 4915/MUM/2019[2012-13]Status: DisposedITAT Mumbai29 Jul 2022AY 2012-13

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadalemr. Lalitkumar Vs. Ito, Ward – 26(2)(1) Thanmal Jain, Pratyaksha Kar Bhavan, A/705, Bawa Tower Bkc, Bandra East Chs, Narayan Nagar, Mumbai -400051. Chunabatti, Mumbai-400022. Pan/Gir No. Aacpj9078M Appellant .. Respondent Appellant By : Shri Nitesh Jain.Ar Respondent By : Shri Manoj Sinha.Dr Date Of Hearing 28.07.2022 Date Of Pronouncement 29.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-38, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Nitesh Jain.ARFor Respondent: Shri Manoj Sinha.DR
Section 143(1)Section 143(2)Section 143(3)Section 68

disregarding the amount of purchase price The addition of & 11,00,000/- was made by the learned Assessing Officer under the head short term capital gain instead of long term capital gain. The said ground was not pressed by the Assessee in the appeal filed before ... found that the assessee has not submitted proper information of flat and made the addition of Rs. 11 lakhs on account of short term capital gains. (v) Since the assessee has not filed satisfactory explanations in respect of loans and advances and the assessee must have incurred certain interest expenditure