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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


LTCG Addition Deleted: No Evidence Linking Assessee to Penny Stock Scheme

April 2, 2026 762 Views 0 comment Print

The issue involved denial of LTCG exemption based on allegations of penny stock manipulation. The Tribunal held that without direct evidence or nexus, such additions cannot be sustained.

No Penny Stock LTCG Addition if no Evidence Linking Assessee to Share Price Manipulation

April 2, 2026 585 Views 0 comment Print

The High Court held that no substantial question of law arose from the ITAT order deleting LTCG additions. It ruled that factual findings based on evidence cannot be disturbed without legal error.

Penny Stock LTCG Not Bogus Based Only on Investigation Reports: ITAT Ahmedabad

April 2, 2026 4524 Views 0 comment Print

The Tribunal held that LTCG cannot be treated as bogus merely based on investigation reports. It ruled that documented transactions through banking and stock exchange channels prove genuineness.

Penny Stock Share Transactions: Reassessment Quashed for Change of Opinion

March 31, 2026 591 Views 0 comment Print

The ITAT held that reopening was invalid as it was based on the same material already examined during the original assessment. It ruled that reassessment cannot be used to review a concluded issue.

LTCG Cannot Be Treated as Bogus Solely on Investigation Report: ITAT Mumbai

March 26, 2026 309 Views 0 comment Print

The Tribunal held that long-term capital gains cannot be treated as bogus based solely on investigation reports. In absence of independent inquiry or evidence, the addition was deleted.

ITAT Mumbai Deletes LTCG Addition as No Evidence of Share Transaction Being Bogus

March 24, 2026 534 Views 0 comment Print

The case involved addition of share sale proceeds treated as bogus based on investigation reports. The Tribunal held that no direct evidence linked the assessee to manipulation. It ruled that documented transactions through banking and demat channels cannot be disregarded without proof.

ITAT Deletes Tax Addition Because Long-Term Share Investment Was Genuine, Not Penny Stock

March 18, 2026 651 Views 0 comment Print

The Tribunal held that the sale of shares after holding them for nearly ten years could not be treated as a bogus penny stock transaction due to lack of evidence of manipulation.

ITAT Allows Penny Stock LTCG Claim for Failure to Disprove Documentary Evidence

March 15, 2026 567 Views 0 comment Print

ITAT Mumbai held that long-term capital gains from share sales cannot be treated as unexplained cash credit when the assessee provides contract notes, demat records, and bank statements proving the transactions.

LTCG Addition Deleted as AO Failed to Prove Share Transactions Bogus Under Section 68

February 26, 2026 492 Views 0 comment Print

ITAT Mumbai deleted the Section 68 addition on LTCG from listed shares, holding that documentary evidence, STT payment, and banking trail were not disproved by the Revenue.

LTCG Addition Deleted as AO Relied Solely on Investigation Report Without Independent Inquiry

February 23, 2026 441 Views 0 comment Print

The Tribunal upheld deletion of addition under Section 68, holding that reliance on an investigation report without independent verification and without disproving documentary evidence cannot sustain bogus LTCG allegations.

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