Capital Gain - Page 10

No addition on mere frequent withdrawal and deposit of own money

DCIT Vs Smt. Veena Awasthi (ITAT Lucknow)

Addition made by AO merely on the ground that assessee made frequent withdrawal and deposit of his own money was not justified as the same was not prohibited under any law....

Read More

Analysis of Recent Development under Income Tax Act 1961

At the outset, it is very important to address a common interpretation mistake made by most of us regarding the increase in slab rate of income tax. In the speech the finance minister have clearly mentioned that there is no change in the Slab rate of Income tax but still 100% tax rebate is granted upto income of Rs. 5 Lac. Thus, it means ...

Read More
Posted Under: Income Tax |

LTCG or STCG to be assessed when income accrued to assessee

Raju Shantaram Mandavkar Vs ITO (ITAT Mumbai)

It was held after the accrual of consideration, the capital gain was liable to be assessed in the hands of assessee and income from short term capital gain/long term capital gain was only liable to tax when it accrued to assessee...

Read More

Set off of business losses against capital gains is not mandatory

Sh. Ajay Kumar Singhania Vs DCIT (ITAT Chandigarh)

Sh. Ajay Kumar Singhania Vs DCIT (ITAT Chandigarh) The sole issue involved in this appeal is as to whether under the provisions of section 71 of the Income-tax Act, 1961 (in short ‘the Act’) there is an option to the assessee to set off the business losses against the capital gains or is it mandatory to […]...

Read More

Long term vis-a-vis short term: Tenancy right after converting into ownership

Jayantilal K. Jain Vs ITO (ITAT Mumbai)

Where assessee had tenancy right in property, which was converted into ownership before sale of shop, then period of holding would be determined from the date the assessee acquired ownership of the asset because on purchase of the property the tenancy right was converted into ownership and assessee had sold shop not tenancy right....

Read More

STCG or LTCG on transfer of ESOP options depends on holding period

N. R. Ravikrishnan Vs ACIT (ITAT Bangalore)

Gain arising on transfer of ESOP options should be taxed as long term capital gains where the holding period was more than 3 years as assessee acquired a valuable and transferable right and the right of share constituted capital assets from the date of grant....

Read More

Conversion of Private Limited company into LLP to be treated as transfer or not

ACIT Vs Celerity Power LLP (ITAT Mumbai)

Assessee LLP had failed to satisfy clause (e) of the proviso of Sec. 47(xiiib), therefore, the ‘transfer‘of the capital assets on the conversion of the private limited company into a LLP was to be regarded as a ‘transfer‘within the meaning of Sec. 45 and also, there was no occasion for invoking the provisions of Sec. 47A(4). ...

Read More

Long term capital gain cannot be treated as bogus on mere surmises

Ramprasad Agarwal Vs ITO (ITAT Mumbai)

Addition made by AO on the reason that assessee had introduced his own unaccounted money by way of bogus long term capital gain was not correct as AO had not brought any material on record to show that assessee had paid over and above purchase consideration of shares as claimed and evident from the bank account and assessee had produced t...

Read More

Gain on shares held for more than 12 months is long-term capital gain

PCIT Vs Hardik Bharat Patel (Bombay High Court)

PCIT Vs Hardik Bharat Patel (Bombay High Court) CBDT Circular No. 6 of 2016 dated 29.2.2016 with regard to the issue of taxability of surplus on sale of shares and securities, – whether as capital gain or business income in case of long term holdings of shares and securities i.e in excess of 12 months. […]...

Read More

Deduction U/s. 54B on Purchase of new asset before furnishing Return either U/s. 139(1) or belatedly U/s. 139(4)

Manilal Dasbhai Makwana Vs ITO (ITAT Ahmedabad)

Though capital gain utilized towards purchase of new asset before furnishing of return of income either under section 139(1) or belatedly under section 139(4) would be deemed to be sufficient compliance of section 54B(2), therefore, denial of the deduction under section 54B towards purchase of agricultural land after the due date of filin...

Read More

Browse All Categories

CA, CS, CMA (4,432)
Company Law (5,265)
Custom Duty (7,544)
DGFT (4,089)
Excise Duty (4,304)
Fema / RBI (3,937)
Finance (4,104)
Income Tax (31,565)
SEBI (3,289)
Service Tax (3,496)

Search Posts by Date

January 2020
« Dec