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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


Calcutta HC allows LTCG exemption on share of Wagend Infra Venture Limited

January 22, 2025 840 Views 0 comment Print

Calcutta High Court dismisses appeal in PCIT Vs Sawankumar T Jajoo, upholding ITAT’s order on long-term capital gains from penny stocks.

Reassessment of Alleged Bogus LTCG/STCG Remitted for Source Investigation

December 27, 2024 732 Views 0 comment Print

AO also held that despite issuing notices under sections 143(2) and 142(1), assessee did not comply with those, and AO made additions to the income found in the assessee’s account.

No section 68 addition merely for trading in penny stock: ITAT Mumbai

December 2, 2024 6237 Views 0 comment Print

ITAT Mumbai upholds deletion of additions u/s 68 for trading in penny stocks. Assessee provided valid evidence, and AO failed to counter claims with proof.

LTCG on Penny Stocks: Report Not Before AO Can’t Make Order Prejudicial to Revenue

November 18, 2024 957 Views 0 comment Print

Analysis of ITAT Kolkata’s ruling in Usha Devi Modi vs ITO on Section 263 of the Income Tax Act, addressing capital gains on penny stocks and revisionary jurisdiction.

LTCG on sale of shares: Addition based on mere generalized reports & conjectures not sustainable

November 18, 2024 2388 Views 0 comment Print

ITAT Kolkata rules in Shashi Bala Bajaj vs ITO that LTCG addition based on generalized reports, suspicion, and conjectures is not sustainable.

ITAT Allows LTCG Exemption on Shares due to Overreliance on Investigation Report, Absence of Enquiry & Genuineness of Transactions

November 18, 2024 2619 Views 0 comment Print

Analysis of ITAT Delhi’s ruling in Smt. Karuna Garg Vs ITO regarding the genuineness of long-term capital gains claims from penny stock transactions.

HC Upholds Tribunal’s Decision: Insufficient Evidence to prove Share Transactions as Bogus

November 17, 2024 1662 Views 0 comment Print

Bombay HC dismisses appeal in CIT-13 Vs Shyam R. Pawar case, upholding Tribunal’s decision on share transaction dispute.

LTCG exemption cannot be denied for mere suspicion without concrete evidence

November 4, 2024 2031 Views 0 comment Print

ITAT Mumbai upholds long-term capital gains legitimacy in Bhavna Lalit Jain’s appeal, reversing earlier AO additions and clarifying tax treatment.

ITAT Restores LTCG Addition from Penny Stock to CIT(A) for Reevaluation

October 31, 2024 1434 Views 0 comment Print

ITAT Ahmedabad restores the case involving LTCG from penny stocks to CIT(A) for a fresh evaluation, emphasizing principles of natural justice and due process.

No Addition for Off-Market Penny Stocks if Purchase is Justified & Proper Documentation is Provided

October 31, 2024 1974 Views 0 comment Print

ITAT Mumbai rules that shares bought off-market and later sold on stock exchanges with proof of genuine transactions cannot be treated as unexplained income.

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