https://www.taxtmi.com/article/detailed?id=6907 Recent CBDT guidance attempts uniform treatment by classifying unlisted shares as capital assets regardless of holding period and by protecting capital-gain treatment for listed shares held beyond a year, but riders preserve Assessing Officer discretion and impose enduring elections. The author recommends statutory minimum holding periods, presumptions favouring capital treatment for promoter-held shares, treating sub-threshold holdings as business income, narrowing administrative discretion, enforcing withholding through designated TDS administration instead of disallowances, and adopting taxpayer-favouring precedential and procedural reforms to reduce litigation. en-us Sat, 23 Jul 2016 18:24:29 +0530 Sat, 23 Jul 2016 18:24:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/article/detailed?id=6907 Recent CBDT guidance attempts uniform treatment by classifying unlisted shares as capital assets regardless of holding period and by protecting capital-gain treatment for listed shares held beyond a year, but riders preserve Assessing Officer discretion and impose enduring elections. The author recommends statutory minimum holding periods, presumptions favouring capital treatment for promoter-held shares, treating sub-threshold holdings as business income, narrowing administrative discretion, enforcing withholding through designated TDS administration instead of disallowances, and adopting taxpayer-favouring precedential and procedural reforms to reduce litigation. Articles Income Tax Sat, 23 Jul 2016 18:24:29 +0530 https://www.taxtmi.com/article/detailed?id=6907