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Shares held for exactly 12 months treated as long term as date of transfer included in holding period: ITAT Mumbai
Case Law Details
- Case Name
- CIT (International Taxation -3) Vs Kuwait Investment Authority (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Mumbai
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CIT (International Taxation -3) Vs Kuwait Investment Authority (ITAT Mumbai)
ITAT Mumbai held that holding period of the capital goods includes the date on which asset is acquired and also date of sale/ transfer of the same. Accordingly, shares held for exactly 12 months treated as long term.
Facts- AO noticed that the assessee has offered LTCG of Rs.12,19,93,396/- on sale of certain equity shares sold exactly after one year from purchase of such shares. The AO issued a showcause notice asking the assessee to explain as to why the LTCG should not be treated as STCG as the shares were held exac...




