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january 2010

Supreme Court of India · 2010-01-11

Navin Jindal vs Assistant Commissioner Of Income Tax

Citation / case number
AIRONLINE 2010 SC 431
Court
Supreme Court of India
Petitioner
Navin Jindal
Respondent
Assistant Commissioner Of Income Tax
Author
S.H. Kapadia
Bench
Deepak Verma, H.L. Dattu, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the classification of a capital loss under the Income Tax Act, 1961, specifically examining whether the loss of Rs.2,43,750/- was a short-term or long-term capital loss. The Court held that the loss should be classified as a short-term capital loss based on the definitions provided in Section 2(29A) and Section 2(42A) of the Act, which define long-term and short-term capital assets. Consequently, the Assessing Officer's treatment of the loss as a long-term capital loss was overturned, allowing the assessee to claim the loss appropriately.

Navin Jindal vs Assistant Commissioner Of Income Tax · Niyam