← All Phrases

“long-term capital asset”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(29AA)272 judgments

The decision most relied on for long-term capital asset is CIT v. Manjula J. Shah (355 ITR 474), cited in 113 judgments on BharatTax.

Leading authorities on long-term capital asset

CIT v. Manjula J. Shah
355 ITR 474 · 2013 · High Court
113
citing judgments

For capital assets acquired by gift or will, the indexed cost of acquisition under Section 48 is computed with reference to the year the previous owner first held the asset. The period of holding for determining if an asset is long-term also includes the previous owner's holding period, as per Section 2(42A).

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.

CIT v. T.N. Aravinda Reddy
120 ITR 46 · 1979 · Supreme Court
54
citing judgments

The word 'purchase' in Section 54(1) and analogous sections like 54F of the Income-tax Act must be given its common, liberal meaning, including acquisition for a price, payment in kind, adjustment of debt, or other monetary consideration. A transfer of a co-owner's share for consideration qualifies as a 'purchase' for claiming capital gains exemption.

CIT v. J.R. Subramanya Bhat
165 ITR 571 · 1987 · High Court
39
citing judgments

Exemption under Section 54 of the Income-tax Act for capital gains invested in a new residential house is not denied even if the construction of the new house commenced before the sale of the original asset.

PCIT v. Vembu Vaidyanathan
413 ITR 248 · 2019 · High Court
32
citing judgments

For capital gains computation, the date of allotment of a residential unit under a construction scheme is the date of acquisition, not the date of agreement or possession. This applies even if possession is delivered later, as the allotment letter confers the right to hold the property.

Tilokchand & Sons. v. ITO
413 ITR 189 · 2019 · High Court
31
citing judgments

A residential house for the purpose of Section 54 of the Income Tax Act can include more than one or plural residential houses, prior to April 1, 2015.

CIT v. Coromandel Industries Ltd.
370 ITR 586 · 2015 · High Court
27
citing judgments

Investment in bonds for Section 54EC deduction made within six months from the date of transfer of the original asset is considered proper, even if made in different financial years.

Judgments citing long-term capital asset

Smt.Vani Shree, Bangalore vs. Income Tax Officer Ward-6(2)(4), Bangalore

In the result, the appeal filed by the assessee stands dismissed

ITA 383/BANG/2019[2015-16]Status: DisposedITAT Bangalore28 Jul 2022AY 2015-16

Bench: Smt. Beena Pillai & Shri. Laxmi Prasad Sahuassessment Year : 2015-16 Smt. Vani Shree, No. 49, 3Rd Cross, The Income-Tax Marappa Thota, Officer, J.C. Nagar, Ward 6 (2)(4), Bangalore – 560 006. Bangalore. Vs. Pan: Gayps9756K Appellant Respondent : Shri S.V. Ravi Shankar, Assessee By Advocate : Shri Ramesh B.R., Addl. Cit Revenue By (Dr) Date Of Hearing : 09-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Assessee Against Order Dated 05.12.2018 Passed By The Ld.Cit(A)-6, Bangalore For A.Y. 2015-16 On Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner Of Income-Tax (Appeals), Bengaluru, Passed Under Section 250 Of The Act In So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Natural Justice, Probabilities, Facts & Circumstances Of The Appellant'S Case. 2. The Appellant Denies Herself To Be Liable To Be Assessed To Total Income Of Rs.2,16,39,499/- On The Facts & Circumstances Of The Case.

For Respondent: Shri S.V. Ravi shankar
Section 143(2)Section 234ASection 250Section 54F

case of an assessee being an individual or a Hindu undivided family), the capital gain arises from the transfer of any long-term capital asset, not being a residential house (hereafter in this section referred to as the original asset), and the assessee has, within a period of one year

It0 25(3)(4), Mumbai vs. Minal Bharat Patel, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 5507/MUM/2018[2010-11]Status: DisposedITAT Mumbai14 Jun 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.5507/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2013-14) Ito-25(3)(4) बिधम/ Minal Bharat Patel Room No. 603, C-10, 6Th 602, Boston House, Suren Vs. Floor, Pratyakshkar Bhavan, Road, Andheri (E), Bandra Kurla Complex, Mumbai-400093. Bandra (E), Mumbai- 400093. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacpp5126G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vasudev Ginde & Kumar Kale Revenue By: Shri Ram Krishn Kedia सुनवाई की तारीख / Date Of Hearing: 30/05/2022 घोषणा की तारीख /Date Of Pronouncement: 14/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-37, Mumbai Dated 16.07.2018 For The Assessment Year 2013-14. 2. Brief Facts Of The Case Are That The Assessee Is An Individual. The Return Of Income Was Filed On 31.07.2013 Declaring Total Income Of Rs.16,36,740/-. The Return Was Processed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). Subsequently, The Case Was Selected For Scrutiny By Issue Of Notice U/S 143(2) Of The Act. The Authorized Representative Appeared Before The Ao & Filed Details During The Assessment Proceedings. The Assessee Has Shown Short Term Capital Gain [Stcg] Of Rs.12,18,961/- & Long Term Capital Gain [Ltcg] Of Rs.17.01.85,391/- On Sale Of Shares. The Assessee Claimed Exemption U/S 10(38) Of The Act For The Entire Ltcg. Further, The Assessee Had Also Shown Ltcg Of Rs.1,00,31,538/- On Redemption

For Appellant: Shri Vasudev Ginde & Kumar KaleFor Respondent: Shri Ram Krishn Kedia
Section 10(38)Section 143(1)Section 143(2)

section 10(38) is an exemption provision. This exemption provision states that any income arising from transfer of equity shares etc., held as long-term capital asset on which STT is paid, will be exempt from taxation. As income includes losses also, this provision applies to both positive and negative ... other relevant provisions. This is a lacuna in the provision which has been lawfully exploited by the assessee by transferring shares held as long-term capital assets through off market transactions resulting into genuine loss and thus escaping the rigor of the exemption provision contained in section 10(38), which

Shri Rajeev Nataraj Legal Heir of Late Shri P Nataraj, Bangalore vs. Income Tax Officer Ward-10(2), Bangalore

In the result appeal filed by assessee stands allowed

ITA 848/BANG/2019[2008-09]Status: DisposedITAT Bangalore31 Mar 2022AY 2008-09

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2008-09 Shri Rajeev Nataraj, L/H Of Late Shri P Nataraj, No. 63, 1St Cross, The Income Tax Udaya Nagar, Officer, Chikkalsandra, Off Ward 10(2), Uttarahalli Road, Bangalore. Vs. Bangalore – 560 061. Pan: Ahapn9475D Appellant Respondent Assessee By : Shri H. Siva Prasad Reddy, Ar : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 09-02-2022 Date Of Pronouncement : 31-03-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 11/02/2019 Passed By The Ld.Cit(A)-3, Bangalore For Assessment Year 2008-09 On Following Grounds Of Appeal: “1. The Impugned Order Passed By The Learned Commissioner Of Income-Tax [Appeals] U/S 250 Of The Act & That Of The Order Of Assessment Passed By The Learned Assessing Officer Under Section 143[3] R/W 147 Of The Act To The Extent Which Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case. 2. The Order Of Assessment Passed By The Learned Assessing Officer Under Section 143[3] R.W.S 147 Of The Act Is Bad In Law Since The Mandatory Conditions As Envisaged

For Appellant: Shri H. Siva Prasad Reddy, AR
Section 143Section 234Section 250Section 54

case of an assessee being an individual or a Hindu undivided family, the capital gain arises from the transfer of a long-term capital asset, being buildings or lands appurtenant thereto, and being a residential house, the income of which is chargeable under the head "Income from house property" (hereafter

M/S. Medi Assist Insurance Tpa Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax, Circle-12(1), Bangalore

In the result, the appeal filed by assessee stands dismissed

ITA 1933/BANG/2018[2011-12]Status: DisposedITAT Bangalore15 Feb 2022AY 2011-12

Bench: Shri B R Baskaran & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Medi Assist Insurance Tpa Pvt. Ltd., The Dy. Commissioner Of Tower ‘D’, 4Th Floor, Ibc Income-Tax, Knowledge Park, 4/1 Bannerghatta Vs. Circle - 4(1)(2), Main Road, Bengaluru. Bengaluru-560 029. Pan –Aaccm 8044 P Appellant Respondent Assessee By : Shri Sudhir Prabhu, C.A Revenue By : Shri Sumeer Singh Meena, Cit(Dr) Date Of Hearing : 10.01.2022 Date Of Pronouncement : 15.02.2022 O R D E R Per Beena Pillaithis Appeal By The Assessee Is Directed Against The Order Of The Cit(A)- 4, Bangalore Dated 22/3/2018 For The Asst. Year 2011-12 For Computing The Short Term Capital Gain At Rs.7,80,38,353/-. 2. The Assessee Raised The Following Grounds Before Us “(I) On The Facts & Circumstances Of The Case & In Law The Learned Dcit & Cit(A) Erred In Computing The Short Term Capital Gain At Rs.7,80,38,353/- By Adding The Negative Net-Worth Instead Of Restricting The Same To Nil As Deeded Cost, Since Cost Cannot Be A Negative Value Page 2 Of 19

For Appellant: Shri Sudhir Prabhu, C.AFor Respondent: Shri Sumeer Singh Meena, CIT(DR)
Section 142(1)Section 50B

from the slump sale effected in the previous year shall be chargeable to income-tax as capital gains arising from the transfer of long-term capital assets and shall be deemed to be the income of the previous year in which the transfer took place : Page 8 of 19 Provided

Sh. Valmik Thapar, New Delhi vs. ACIT, New Delhi

Appeals are disposed of by this common order as indicated above

ITA 5767/DEL/2015[2007-08]Status: DisposedITAT Delhi11 Jun 2021AY 2007-08

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

For Appellant: Shri Salil AgarwalFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143Section 147Section 54Section 54E

9/12/2009 out of advance ₹ 50,00,000/- Section 54EC reads as under:- (1) where the capital gain arises from transfer of a long-term capital asset and (2) proviso to Section 54EC reads as Under:- [Provided that the investment made on or after first day of April ... this case, the assessee has claimed deduction u/s 54EC for Rs 1 crore. The assessee has invested in amount exceeding ₹ 50 lakhs in long-term capital assets out of sale proceeds; proviso to Section 54EC is clearly applicable in this case. Thus, the deduction u/s 54EC on LTCG amounting

ACIT, New Delhi vs. Sh. Valmik Thapar, New Delhi

Appeals are disposed of by this common order as indicated above

ITA 6726/DEL/2014[2010-11]Status: DisposedITAT Delhi11 Jun 2021AY 2010-11

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

For Appellant: Shri Salil AgarwalFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143Section 147Section 54Section 54E

9/12/2009 out of advance ₹ 50,00,000/- Section 54EC reads as under:- (1) where the capital gain arises from transfer of a long-term capital asset and (2) proviso to Section 54EC reads as Under:- [Provided that the investment made on or after first day of April ... this case, the assessee has claimed deduction u/s 54EC for Rs 1 crore. The assessee has invested in amount exceeding ₹ 50 lakhs in long-term capital assets out of sale proceeds; proviso to Section 54EC is clearly applicable in this case. Thus, the deduction u/s 54EC on LTCG amounting