To Tax capital Gain from Penny Stocks it is need to be proved that there is a scam and assessee is part of scam

Navneet Agarwal Vs ITO (ITAT Kolkata)

The issue for consideration before us is whether, in such cases, the legal evidence produced by the assessee has to guide our decision in the matter or the general observations based on statements, probabilities, human behavior and discovery of the modus operandi adopted in earning alleged bogus LTCG and STCG, that have surfaced during investigations,should guide the authorities in arriving at a conclusion as to whether the claim in genuine or not. An alleged

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