Tag: stcg business income
Sale of shares-Capital Gain or business income ? ITAT explains law in assessee’s favour quoting CBDT Instructions / Circulars and various judgments/case laws ABCAUS Case Law Citation: ABCAUS 3029 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: Ramilaben D.Jain V/s. ACIT 97 Taxmann.com 217 Ratanlal …
Frequency, magnitude of transaction in systematic manner no criteria to hold that the assessee is engaged in a business activity of shares – ITAT ABCAUS Case Law Citation: ABCAUS 2721 (2019) (01) ITAT Important Case Laws Cited/relied upon: Sugamchand C. Shah vs. Assistant Commissioner of Income-Tax ; Gopal …
Repeated purchase of same scrip and immediate sale on daily basis to take advantage of the market fluctuations was business income not short term capital gains u/s 111A- ITAT ABCAUS Case Law Citation: ABCAUS 2276 (2018) (04) ITAT Important Case Laws Cited/relied upon by the parties CIT vs. …
Business income or STCG-Frequency-repetition of sale purchase not conclusive. Factors like main business / profession of assessee, intention while purchasing shares, holding the same as investment, earning of dividend income thereon etc. are required to be seen -ITAT ABCAUS Case Law Citation: ABCAUS 1064 (2016) (11) ITAT Assessment …
Sale-purchase in only few share scrips not high volume. STCG was not business income as a person can act both as trader and investor-ITAT ABCAUS Case Law Citation: 1053 (2016) (11) ITAT Assessment Year 2010-11 Brief Facts of the Case: The appellant assessee was an individual. Her …
STCG-LTCG of NBFC held as capital gains not business income based on broad principles as laid down by various judicial pronouncements ITAT observed that in deciding whether a transaction of sale of shares is business income or investment income taxable as short term or long term capital gain, the …
Share STCG not become business income by employment of Portfolio Management Service (PMS) for investment in shares. This was held in a recent judgment by ITAT placing reliance on two High Court’s verdicts. ABCAUS Case Law Citation: 938 2016 (06) ITAT Date of Judgment: June, 2016 Brief Facts of the …
In a recent judgment, ITAT has held that the sale of shares by the assessee was not business income but short term capital gain in view of the over all facts and in particular as per CBDT lates circular in this regard. ABCAUS Case Law Citation: 937 2016 …