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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 2355 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 3147 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 1869 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 1059 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


ITAT deletes Section 68 addition for LTCG from penny stock

February 2, 2024 5019 Views 0 comment Print

ITAT Mumbai deletes LTCG addition in penny stock case, ruling in favor of Assessee. Landmark decision emphasizes genuine transactions and compliance.

ITAT Upholds Assessee’s Innocence: ‘Penny Stock’ Transaction Deemed Legitimate

January 2, 2024 17724 Views 0 comment Print

Explore legal battle in Farzad Sheriar Jehani Vs ITO, analyzing assessment of long-term capital gains on a penny stock. Learn about tribunal’s decision and its implications.

ITAT Delhi Dismisses Revenue’s Appeal on Low Tax Effect

October 30, 2023 384 Views 0 comment Print

ITAT Delhi dismissed the Revenue’s appeal due to a low tax effect, as the tax effect was below the threshold prescribed by the CBDT Circular.

CBDT Circular doesn’t Apply to Non-Penny Stock Share Transactions

October 25, 2023 1251 Views 0 comment Print

DCIT vs. Krishan Kumar case: ITAT Delhi dismisses appeal by the Department regarding share transaction, ruling it doesn’t fall under the CBDT Circular exception.

ITAT Denies Exemption u/s 10(38) for Sham Transaction with Paper Companies

October 21, 2023 2361 Views 0 comment Print

In the Archana Rajendra Malu vs. ITO case, ITAT Pune upheld the denial of tax exemption under Section 10(38) of the Income Tax Act due to sham transactions with paper companies.

Capital Gain cannot be treated as bogus without giving reasons

October 21, 2023 6492 Views 0 comment Print

Assessee has appealed against an order passed by CIT(A) and subsequent addition. Learn more about Capital Gain cannot be treated as bogus without giving reasons.

Section 10(38) Exemption Ineligible for bogus LTCG on Penny Stock Equity Sales

October 11, 2023 3438 Views 0 comment Print

ITAT Kolkata held that exemption under section 10(38) of the Income Tax Act not eligible in respect of long Term Capital Gain from sale of equity shares of penny stock companies listed with Bombay Stock Exchange (BSE).

No Addition based on mere sworn statement if not corroborated by independent evidence

September 7, 2023 8523 Views 0 comment Print

Analyzing ITAT Bangalore’s ruling in Yashaswi Fish Meal and Oil Company Vs DCIT, exploring the role of sworn statements in tax assessments.

In absence of Direct Evidence Share Trading Loss cannot be treated as Bogus

August 5, 2023 2283 Views 0 comment Print

Raigarh Jute & Textile Mills Ltd triumphs as ITAT Kolkata rules share trading loss genuine. Detailed analysis reveals weak circumstantial evidence.

Bombay HC: No Addition for Penny Stock – Documentary Evidence

July 20, 2023 4554 Views 0 comment Print

Analyze the case of PCIT Vs Indravadan Jain, HUF in the Bombay High Court, where the issue of addition u/s 68 for penny stock transactions was examined. Discover how documentary evidence played a crucial role in the court’s decision.

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