Income Tax

Sale of listed shares held more than 12 months treated capital gain not business income by Allahabad High Court

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.

Share

Recent Posts

  • Income Tax

ITAT allows remuneration paid by wives of CA partners for their services rendered in firm

Remuneration paid by CA firm to wives of CA partners for their services rendered allowed in the absence of any…

51 seconds ago
  • Income Tax

When assessee did not opt yes or no to receive notices by email, such notices were no service

When assessee did not opt yes or no to receive notices by email, such notices amounted to no service In…

2 hours ago
  • Income Tax

CIT(A) should have considered detailed statement of facts before dismissing appeal

CIT(A) should have considered the details statement of facts filed before him before dismissing the appeal of the assessee observing…

3 hours ago
  • ICSI

Empanelment of General Observers for ICSI Examinations June 2026. Last date 28.04.2026

Empanelment of General Observers for ICSI Examinations June 2026 ICSI has invited interested members to enroll as General Observers for…

1 day ago
  • CA CS CMA

Engagement of Young Professionals CA for assistance in ITAT representation

Income Tax Department Pune is engaging Young Professionals CA for assistance in ITAT representation With a view to augment departmental…

2 days ago
  • Concurrent Audit

IDBI online application for empanelment of Concurrent Auditor. Last date : 27.04.2026

IDBI invites application for empanelment of Chartered Accountant firms as Concurrent Auditor for FY 2026-27 IDBI Bank has invited online…

2 days ago