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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 3180 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


Addition Treating LTCG as Bogus Based on Assumptions Not Sustained

April 17, 2025 2841 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act by treating LTCG as bogus merely on the basis of assumption and conjecture is not sustainable in law since purchase and sale of shares were made via banking channel.

ITAT Mumbai Voids Reassessment in Penny Stock LTCG Case

April 9, 2025 1956 Views 0 comment Print

ITAT Mumbai allows Sonal Shah’s appeal, quashing reassessment for AY 2012-13 based on borrowed satisfaction and deleting bogus LTCG addition under Sec 68.

ITAT Deletes ₹8.01 Crore Section 68 Addition on Penny Stock Transactions

April 8, 2025 8229 Views 0 comment Print

ITAT Mumbai allows Sejal Jignesh Shah’s appeal against tax additions under Section 68, rejecting AO’s reliance on investigation reports in a penny stock case.

Penny Stocks and Legal Framework: Strengthening Revenue’s Position

March 28, 2025 1224 Views 0 comment Print

Penny stocks, often associated with small, illiquid companies, have been a subject of concern due to their susceptibility to price manipulation. The Income tax Act, 1961, contains provisions such as Section 68 (Unexplained Cash Credits) and Section 10(38) (Exemption on Long Term Capital Gains  LTCG) to prevent tax evasion through sham transactions involving these stocks.

Penny Stock: No Sections 68 & 69 Additions Solely on Suspicion or General Trends

March 14, 2025 3576 Views 0 comment Print

ITAT Delhi overturns tax addition in Puja Gupta Vs ITO, ruling that share transactions were genuine. Revenue’s reliance on suspicion and probabilities dismissed.

ITAT allows Section 10(38) Exemption on LTCG from Sell of Shares of Midland Polymers 

March 14, 2025 1287 Views 0 comment Print

ITAT Mumbai rules in favor of Ramesh Rikhavdas Shah, rejecting AO’s additions on alleged penny stock transactions and commission expenses for AYs 2014-15, 2015-16.

ITAT Deletes Bogus LTCG addition for Lack of Price Rigging Evidence

March 9, 2025 786 Views 0 comment Print

ITAT Mumbai rules that share transactions backed by DEMAT statements cannot be treated as bogus income without concrete proof.

ITAT Delhi upholds Addition of bogus LTCG from penny stock

February 12, 2025 846 Views 0 comment Print

ITAT Delhi held that Long Term Capital Gain [LTCG] earned from transaction in penny stock is liable for addition. Accordingly, appeal of assessee dismissed and order of CIT(A) being well reasoned is upheld.

Alleged Bogus LTCG from penny stocks: ITAT Kolkata invalidates reassessment due to lack of tangible evidence

February 11, 2025 942 Views 0 comment Print

ITAT Kolkata invalidates reassessment in Pradip Kumar Jajodia HUF case, citing lack of tangible evidence for alleged bogus LTCG on penny stock transactions.

ITAT deletes ₹48.48 Lakh Penny Stock Investment Addition for lack of evidence

January 28, 2025 2733 Views 0 comment Print

ITAT deletes addition of Rs. 48.48 lakh for penny stock investment, ruling that no concrete evidence was presented by the Income Tax authorities.

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