LTCG OR STCG - Capital gain on sale of equity shares - period of ...

Tribunal Defines Transfer Date for Equity Shares, Confirms Long-Term Capital Gains Based on Holding Period Over 12 Months.

April 16, 2024

Case Laws     Income Tax     AT

LTCG OR STCG - Capital gain on sale of equity shares - period of holding of shares - There exists a clause for condition precedent to the sale which has to be fulfilled by both the vendor and the purchaser - The Appellate Tribunal's decision focused on the interpretation of the "date of transfer" of shares. The Tribunal cited several precedents, including the decision of the Delhi High Court in Bharti Gupta Ramola vs. CIT and similar Tribunal decisions, which supported the assessee's contention that the transfer date should be recognized as the date when all substantive conditions of the share transfer agreement were fulfilled. The Tribunal concluded that the shares were held for more than 12 months and therefore qualified for LTCG treatment.

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