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Income Tax

Bogus capital gains from penny stocks- Off-market transactions not illegal

Case Law Details

Case Name
ACIT vs. Vineet Sureshchandra Agarwal (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2005-06
Advertisement Purchase and sale of shares outside the floor of Stock Exchange is not an unlawful activity. Off-market transactions are not illegal. It is always possible for the parties to enter into transactions even without the help of brokers. When the transactions were off-market transactions, there is no relevance in seeking details of share transactions from Stock Exchanges. Such attempts would be futile. Stock Exchanges cannot give details of transactions entered into between the parties outside their floor. Therefore, the reliance placed by the assessing authority on the communicat...
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