Sale of listed shares held more than 12 months treated capital gain not business income by Allahabad High Court in view of CBDT Circular No. 06/2016
ABCAUS Case Law Citation:
ABCAUS 1242 (2017) (05) ITAT
The Grievance:
The appellant Revenue was aggrieved by the order passed by the Income Tax Appellate Tribunal (‘ITAT’) treating the sale of equity shares as Long Term Capital Gain instead would be business income.
Assessment Year : 2005-06
Date/Month of Pronouncement: May, 2017
Observations made by the High Court:
The High Court observed that the order of the Tribunal disclosed that the equity shares were held by the assessee company as a long term investment for a period of more than one year prior to the assessment in question and that the said equity shares were transferable through recognised stock exchange meaning thereby that they were listed shares.
The High Court further observed that CBDT vide Circular No.6 of 2016 dated 29th February, 2016 referring to the earlier circular No. 4 of 2009 dated 15th June, 2007 has laid down that in order to reduce litigation, the sale of listed shares would be treated as capital gain if they are held by the assessee for a period of more than 12 months immediately preceding the date of these transfers.
The High Court opined that in view of above circular and the admitted fact that the assessee had held the said equity shares not only for one year but for more than 16 years and that the shares were listed shares, the income derived from their transfer had rightly been treated as Long Term Capital Gain and not as business income.
Held:
The appeal of the Revenue dismissed as devoid of any merit.
Invitation For Empanelment Of Practising Chartered Accountants / Chartered Accountant Firms Forest Development Corporation of Maharashtra Limited (FDCM Limited), Nagpur,…
Press Registrar General of India (PGRI) invites application for empanelment of Chartered Accountants. The Press Registrar General of India manages…
CBDT notifies revised Form No. 169 for making application for registration as a valuer under section 514 and authorised income…
Curtailing time to file reply to notice u/s 148A(b) from statutorily available 30 days to 15 days seriously prejudiced assessee’s…
At the stage of registration u/s 12AB, the CIT(E) not empowered to adjudicate applicability of provisio to section 2(15) of…
Flower bed area could not be included in the definition of “built up area” to calculate eligible limit of 1000…