Saturday, June 18, 2011

Capital Gain vis-à-vis business income

Profit arising from transfers of brands, trademark, copyright and interests in a health periodical, held as intangible assets is assessable as capital gain — as held by DelHC in CIT v Mediworld Publications Pvt Ltd — In favour of: The Assessee ; ITA No. 549 of 2011

Decided on: 5 April 2011

Profit arising from sale of shares which were acquired with the intent of holding them for a long period of time is assessable as capital gain and cannot be treated as business income merely because shares were sold in a short span of time of its acquisition due to steep and unanticipated rise in stock market — as held by DelHC in CIT v Consolidated Finvest & Holding Ltd — In favour of: The Assessee ; ITA No. 6/2011

Decided on: 10 May 2011

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