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Bogus Capital Gain

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ITAT Upholds Addition for Bogus LTCG from Penny Stocks

Income Tax : ITAT Ahmedabad confirms Section 68 addition of ₹93.92 lakh for bogus LTCG from Kushal Tradelink shares, rejecting the appeal bas...

November 9, 2025 2361 Views 0 comment Print

Penny Stocks and Legal Framework: Strengthening Revenue’s Position

Income Tax : Penny stocks, often associated with small, illiquid companies, have been a subject of concern due to their susceptibility to price...

March 28, 2025 1224 Views 0 comment Print

Fetters on Principle of Natural Justice in Penny Stock Cases

Income Tax : Introduction: The assessee has been taking a common argument against the addition on account of penny stock. The said argument rev...

August 16, 2020 4602 Views 2 comments Print

Judgments in Favour of Revenue in Penny Stock Cases

Income Tax : The provision for exemption of long term capital gains from shares requiring payment of securities transaction tax has been taken ...

December 10, 2019 23295 Views 1 comment Print

Human Probability Scores over Evidence

Income Tax : It is a very well-known fact that High court only entertains question of law and Income tax Appellate Tribunal (ITAT) is the last ...

May 13, 2019 6540 Views 0 comment Print


Latest Judiciary


ITAT Quashes Reassessment as AO Changed Reason from Fake Loan Entries to Penny Stock LTCG

Income Tax : The ITAT Ahmedabad held that reassessment under Section 147 was invalid because the Assessing Officer reopened the case for fictit...

May 17, 2026 3177 Views 0 comment Print

5-Day Share Trade Cannot Automatically Become ‘Bogus Penny Stock’: ITAT Mumbai

Income Tax : The Tribunal ruled that a genuine share transaction resulting in a short-term loss cannot automatically be treated as a make-belie...

May 16, 2026 1872 Views 0 comment Print

ITAT Surat Upholds Bogus LTCG Addition on Sunrise Asian Penny Stock, Applies ‘Human Probability’ Test

Income Tax : The ITAT Surat held that abnormal price rise in a penny stock and surrounding circumstances justified treating claimed LTCG as une...

May 15, 2026 303 Views 0 comment Print

SC Allowed LTCG Exemption as Revenue Failed to Prove Penny Stock Manipulation

Income Tax : The courts upheld LTCG exemption under Section 10(38) after finding that the Revenue failed to produce evidence linking the assess...

May 14, 2026 1065 Views 0 comment Print

Reassessment Invalid as AO Had Only ‘Reason to Suspect’ and Not ‘Reason to Believe’ in Bogus LTCG Case

Income Tax : The High Court ruled that reopening under Sections 147 and 148 was unsustainable because the Assessing Officer’s reasons amounte...

May 14, 2026 408 Views 0 comment Print


HC Upholds Addition on Bogus Share Transactions Due to Rapid, Structured Dealings

April 26, 2025 723 Views 0 comment Print

Punjab & Haryana HC dismisses Balbir Chand Maini’s appeal, upholding ITAT’s finding of a non-genuine share sale transaction and income addition.

Section 68 Addition justified if Share purchase & sale transactions were deemed bogus

April 26, 2025 1164 Views 0 comment Print

Punjab & Haryana HC affirms ITAT order, treating Chandan Gupta’s share sale gain as unexplained income (Sec 68) due to bogus transactions.

No LTCG Exemption on Sale of Shares if Purchase was Bogus: ITAT Mumbai

April 26, 2025 960 Views 0 comment Print

ITAT Mumbai upholds treating Ratnakar Pujari’s share sale proceeds as unexplained cash credit due to a previously established bogus share purchase.

Share Transactions Proven Genuine Cannot Be Declared Bogus Without Evidence

April 26, 2025 477 Views 0 comment Print

ITAT Mumbai quashed PCIT’s revision order u/s 263, finding the AO had already inquired into the LTCG exemption claim based on provided evidence.

Farrah Marker vs ITO: Section 68 Addition on Penny Stock Sale deleted

April 26, 2025 642 Views 0 comment Print

ITAT Mumbai allowed Farrah Marker’s appeal, deleting the Section 68 addition on share sale, questioning the AO’s reliance on presumptions about penny stocks.

Off-Market Share Transactions Backed by Evidence cannot be treated as illegal or sham

April 26, 2025 2676 Views 0 comment Print

Mumbai ITAT dismisses tax additions on share sale gains and purchase cost, citing assessee’s documentation and accepted source in prior assessment.

Documented Share Transactions via BSE Cannot be Taxed as Bogus on Suspicion

April 26, 2025 651 Views 0 comment Print

Kolkata ITAT rules documented share transactions through BSE and registered broker cannot be taxed as bogus based on suspicion; upholds assessee’s evidence.

Genuine Share Transactions Backed by Evidence valid despite Allegations against Broker

April 26, 2025 684 Views 0 comment Print

Kolkata ITAT dismisses revenue’s appeal, upholds CITA order favoring Shaleen Khemani on gifted share sale proceeds, citing lack of evidence.

Share sale proceeds cannot be treated as undisclosed income without evidence

April 26, 2025 462 Views 0 comment Print

Kolkata ITAT rules in favor of Gautam Kumar Pincha, setting aside addition of share sale proceeds as undisclosed income due to lack of evidence.

LTCG exemption cannot be denied on mere generalisation, human probabilities, suspicion, conjectures & surmises

April 26, 2025 642 Views 0 comment Print

ITAT Kolkata rules on Gaurav Pincha’s LTCG claim, deleting additions made under Section 10(38), citing lack of specific evidence and generalised suspicion.

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