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    <title>2016 (3) TMI 1496 - ITAT LUCKNOW</title>
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    <description>Long-term capital gain could not be recharacterised as income from other sources merely because the Revenue questioned the date or rate of share acquisition, where DEMAT records showed the shares were credited in an earlier period and sold in the relevant assessment year. Any addition based on unexplained acquisition would, on the Revenue&#039;s own doubt, relate to the year of acquisition or first reflection in the DEMAT account, not the year of sale. As the holding period remained more than one year even on the later credit date, the gain retained its character as long-term capital gain and the addition for the year under appeal was unsustainable.</description>
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    <pubDate>Thu, 17 Mar 2016 00:00:00 +0530</pubDate>
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      <title>2016 (3) TMI 1496 - ITAT LUCKNOW</title>
      <link>https://www.taxtmi.com/caselaws?id=468389</link>
      <description>Long-term capital gain could not be recharacterised as income from other sources merely because the Revenue questioned the date or rate of share acquisition, where DEMAT records showed the shares were credited in an earlier period and sold in the relevant assessment year. Any addition based on unexplained acquisition would, on the Revenue&#039;s own doubt, relate to the year of acquisition or first reflection in the DEMAT account, not the year of sale. As the holding period remained more than one year even on the later credit date, the gain retained its character as long-term capital gain and the addition for the year under appeal was unsustainable.</description>
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      <pubDate>Thu, 17 Mar 2016 00:00:00 +0530</pubDate>
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