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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 2448 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 1359 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 4638 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 23415 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 6651 Views 0 comment Print


Latest Judiciary


Section 68 Addition Deleted as Earlier Accepted Shares Can’t Be Held Bogus: ITAT Kolkata

Income Tax : ITAT ruled that genuine sale proceeds supported by books, bank records and purchaser details cannot be treated as unexplained cash...

July 1, 2026 2217 Views 0 comment Print

Ahmedabad ITAT Deletes Bogus LTCG Addition; Independent Enquiry Essential

Income Tax : The Tribunal ruled that an Investigation Wing report alone cannot justify an addition under Section 68 without independent verific...

June 27, 2026 117 Views 0 comment Print

Penny Stock LTCG Allegation Rejected as Revenue Produced No Assessee-Specific Evidence

Income Tax : The Tribunal held that the addition under Section 68 could not be sustained because the assessee produced complete documentary evi...

June 23, 2026 339 Views 0 comment Print

ITAT Deletes Bogus LTCG Addition in absence of Independent Inquiry & Corresponding Bank Credits

Income Tax : The ITAT held that the Assessing Officer failed to produce any material establishing a connection between the assessee and the all...

June 23, 2026 423 Views 0 comment Print

Bogus LTCG Addition Sustained as Tribunal Finds Evidence of Fabricated Share Purchase Records

Income Tax : The Delhi ITAT sustained the addition arising from the sale of listed shares after finding discrepancies in purchase records, incl...

June 14, 2026 906 Views 0 comment Print


Introduction of unaccounted money as LTCG: ITAT upheld addition

May 17, 2022 1716 Views 0 comment Print

After considering detailed reasoning by AO as to how assessee has introduced unaccounted money in the garb of LTCG, ITAT upheld addition.

Penny Stock Cases: ITAT Condones delay in Appeal Filing; Vivad Se Vishwas scheme not confers any vested right on assessee

April 10, 2022 1488 Views 1 comment Print

PCIT Vs Dinesh Kumar Bansal (HUF) (Calcutta High Court) The Court : In all these applications the revenue has sought for condonation of delay in filing the appeals before this Court under Section 260A of the Income Tax Act, 1961 (the Act, in brevity) challenging the orders passed by the Income Tax Appellate Tribunal, Kolkata […]

Penny Stock Transactions – No addition if no incriminating material found during search

March 16, 2022 4485 Views 0 comment Print

DCIT Vs Vipul Suresh Kumar Modi (ITAT Mumbai) ITAT held that no addition can be made for Transactions in Penny Stocks in respect of unabated assessments which have become final in absence of any incriminating material found during search. The brief facts of the case relevant to the issue before us are that the Assessee, […]

ITAT explains Basic modus of providing bogus LTCG- Upheld addition

January 14, 2022 6435 Views 0 comment Print

Abhinav Agarwal Vs DCIT (ITAT Delhi) Snapshot of Basic modus of providing bogus LTCG 1. Merger of Unlisted companies with Listed Entity: This is the most preferred option for the persons willing to operate for the purpose of doing Long Term capital Gains. In case of the mergers with listed companies, the merger petition has […]

ITAT allows LTCG exemption on shares of ‘Unisys Software’

January 4, 2022 2406 Views 0 comment Print

Vasantlal Nyalchand Kikavat Vs DCIT (ITAT Mumbai) The case was reopened pursuant to receipt of certain information from investigation wing, Kolkata wherein it was alleged that the assessee was beneficiary of bogus Long-Term Capital gains (LTCG) by dealing in a scrip namely M/s Unisys Software & Holding Industries Ltd. (in short ‘Unisys’). Accordingly, the case […]

ITAT deletes addition for alleged Bogus LTCG on Penny Stock

September 24, 2021 8265 Views 0 comment Print

Shri Sanjay Singal Vs DCIT (ITAT Chandigarh) Addition of Rs. 61.86 Crore in 9 Appeals on Account of Bogus Long Term Capital Gain U/S 10(38) Claimed Deleted on Facts of Alleged Penny Scrip of PIL (Praneta Industries Ltd) and Revenue Rule 29 Application Containing Fir Filed by ED Against Companies of Bhushan Group & Statement […]

ITAT upheld Section 68 addition of LTCG in Penny Shares

June 28, 2021 2940 Views 0 comment Print

Vinay Kumar Dhingra (HUF) Vs ITO (ITAT Delhi) Contention of Assessee:  1. The assessee fulfills all conditions specified u/s. 10(38) 2. Though the purchase of securities are off market, the sale of shares was made online on which STT has been duly paid. 3. The shares were held for approximately 18 to 20 months 4. […]

LTCG cannot be treated as Bogus merely on information from investigation wing

June 8, 2021 5520 Views 0 comment Print

Jayesh Shantilal Vira Vs ACIT (ITAT Mumbai) Addition u/s 10(38) on alleged bogus Long Term Capital Gain (LTCG) deleted where no further verification made by AO except solely reliance on information from investigation wing. ITAT held that the long term capital gain on the sale of shares of M/s. Blue Circle Services Ltd. is not […]

ITAT deletes addition for LTCG made without Independent Verification

June 7, 2021 1686 Views 0 comment Print

ITAT Mumbai ruling on Anusmriti Sarkar vs ITO case. Analysis of LTCG from Kailash Auto Finance Scrip, added without independent verification. Get insights into key decisions.

No disallowance can be made merely for Investment in Penny Stock

April 15, 2021 2151 Views 0 comment Print

Shri Kamal Kishore Soni Vs ITO (ITAT Hyderabad) Assessee has made the investment in the shares of Rockon Fintech in the year 2008-09 whereas the report of the investigation wing is dated 16.3.2018. Therefore, the argument of the assessee’s counsel that the assessee could not have known that Rockon Fintech is a penny stock company […]

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