Capital gains vs business income: listed shares held long term may be treated as capital gains if taxpayer elects, binding later. Administrative guidance directs assessing officers that where a taxpayer elects to treat listed shares and securities as stock-in-trade transfers will be business income; where listed securities have been held as long-term investments and the taxpayer elects capital gain treatment, that treatment should not be disputed and is binding in subsequent years; in other cases established parameters govern characterisation. The protection excludes transactions whose genuineness is doubtful, including sham transfers, and all other provisions of the Act continue to apply.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Capital gains vs business income: listed shares held long term may be treated as capital gains if taxpayer elects, binding later.
Administrative guidance directs assessing officers that where a taxpayer elects to treat listed shares and securities as stock-in-trade transfers will be business income; where listed securities have been held as long-term investments and the taxpayer elects capital gain treatment, that treatment should not be disputed and is binding in subsequent years; in other cases established parameters govern characterisation. The protection excludes transactions whose genuineness is doubtful, including sham transfers, and all other provisions of the Act continue to apply.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.