J&K&L HC: Failure to Frame Limitation Issue Not Fatal; Courts May Examine Limitation Suo Motu  ||  Bombay HC: Preventing Feeding Stray Dogs at Society or Bus Stop is Not 'Wrongful Restraint'  ||  Gujarat HC: Not All Injuries Reduce Earning Capacity; Functional Disability Must Be Assessed  ||  Delhi HC: Framing of Charges is Interlocutory and Not Appealable under Section 21 of NIA Act  ||  Supreme Court: Mutation of Revenue Records Can Be Based on a Will  ||  Supreme Court: Informant’s Criminal Revision Does Not Abate on Death; Other Victims May Continue  ||  Supreme Court: Driving Licence Renewal After a Gap Will Not Take Effect From Expiry Date  ||  Supreme Court: High Courts Cannot Quash Cheque Bounce Cases by Pre-Trial Inquiry Into Liability  ||  Supreme Court: Passport Renewal Cannot be Denied if Trial Court Has Permitted it Despite Pending Case  ||  SC: Delay in Depositing Sale Balance Does not Make Specific Performance Decree Inexecutable    

ITO vs. Ms. Vanaja Sunder Iyer - (Income Tax Appellate Tribunal) (27 Nov 2017)

Profits on sale of shares were liable to taxed under the head capital gains

MANU/IU/0733/2017

Direct Taxation

This appeal has been filed by the Revenue for challenging the order of CIT(A) for treating the profit earned by the Assessee from the sale of shares under the head of capital gains.

As per the facts, the Assessing Officer, after analyzing the transactions made by the Assessee of purchase and sale of shares, observed that the period of holding of shares indicate that the motive of the transaction is to earn profit and not capital appreciation. Thus, the profit earned from the transaction is liable to be treated as business income. However, on appeal, CIT(A) decided the matter in the favour of the Assessee and allowed the amount of profit to be treated as capital gain. Being aggrieved, Revenue approached the present Tribunal.

The present bench found that the CIT(A) after applying proposition of law laid down by Bombay High Court in the case of Gopal Purohit and applying CBDT Circular No.4/2007 dated 15/06/2007 held that profits on sale of shares were liable to taxed under the head capital gains and dismissed the appeal after ruling that profit declared by the Assessee was correctly treated by CIT (A) as capital gain liable to be taxed under the head Capital Gains.

Tags : CAPITAL GAINS   SALE OF SHARES  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved