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

Penalty u/s 271B for unfilled column 40 in Tax Audit Report Form 3CD deleted by ITAT

Penalty u/s 271B for unfilled column 40 in Form 3CD related to details regarding turnover, gross profit etc. for previous…

2 days ago
  • Income Tax

Merely ex-parte rectifying computation without amending assessment order not make it nullity- ITAT

Merely rectifying computation without amending assessment order without notice to assessee does not nullify the entire assessment  - ITAT In…

5 days ago
  • Income Tax

Once assessee discharges primary onus, it shifts to AO to bring evidence to contrary – ITAT

Once assessee discharges primary onus of providing basic documents in support of the identity, genuineness and the creditworthiness it shifts…

6 days ago
  • Income Tax

Cost Inflation Index for FY/Tax Year 2026-27 notified by CBDT. See Up-to-date Table of CII

CBDT has notified Cost Inflation Index for Financial Year / Tax Year 2026-27 CBDT has notified "384" as Cost Inflation…

7 days ago
  • Income Tax

Power of CIT(A) u/s 251(1)(a) to remand case can be exercised only in best judgment assessment

Power of CIT(A) under section 251(1)(a) to remand case could be exercised only when the assessment is passed u/s 144…

1 week ago
  • ICAI

ICAI (Global Networking) Guidelines, 2025 kept in abeyance

ICAI (Global Networking) Guidelines, 2025 kept in abeyance In February 2026, ICAI had issued ICAI (Global Networking) Guidelines 2025 to…

1 week ago