Kerala High Court Sets Aside Order Transferring School Playground, Citing Inadequate Consideration  ||  Delhi High Court Directs Removal of Unauthorised Vendors, Declares Nehru Place a No-Vending Zone  ||  Kerala High Court: SHO Cannot Order Surrender of Firearms over Phone Calls Before Elections  ||  Kerala High Court: SHO Cannot Order Surrender of Firearms over Phone Calls Before Elections  ||  Chhattisgarh HC Refuses Bail to Aide of Former Congress Treasurer in ?540 Crore Coal Levy Case  ||  Kerala HC Rejects Plea Against Appointment of VS Achuthanandan’s Son as IHRD Director-In-Charge  ||  Rajasthan HC: Transgender Bill May Make Gender Identity Rights Dependent on State Approval  ||  J&K&L HC: Bail is Not Absolute For Juveniles in Heinous Cases and Can be Denied to Serve Justice  ||  Delhi HC: Expired Driving Licenses Do Not Enjoy Deemed Continuity After 2019 MV Act Amendment  ||  MP High Court: Ex-Gratia Payments are Dependents’ Last Hope and Rules Should be Applied Liberally    

Taxability of surplus on sale of shares and securities - Instructions in order to reduce litigation- (Ministry of Finance ) (29 Feb 2016)

MANU/DTCR/0007/2016

Direct Taxation

The Central Board of Direct Taxes issued instructions in situations when Assessing Officers hold whether surplus generated from sale of listed shares or other securities would be treated as Capital Gain or Business Income, taking into account various factors. The same would not be applicable in respect of transactions of shares or securities when the genuineness of the transaction itself was in question.

'Capital asset' including property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock-in-trade or personal assets subject to certain exceptions. Shares and other securities can be held either as capital assets or stock-in-trade/ trading assets or both. Determination of the character of a particular investment in shares or other securities, whether the same is in the nature of a capital asset or stock-in-trade, is a fact-specific determination and has resulted in a lot of uncertainty and litigation.

Tags : CAPITAL ASSET   SHARES   DETERMINATION   LITIGATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved