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Bogus Capital Gain

Latest Articles


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 4200 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 21648 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 6003 Views 0 comment Print


Latest Judiciary


ITAT Deletes Bogus LTCG addition for Lack of Price Rigging Evidence

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

March 9, 2025 111 Views 0 comment Print

ITAT Delhi upholds Addition of bogus LTCG from penny stock

Income Tax : ITAT Delhi held that Long Term Capital Gain [LTCG] earned from transaction in penny stock is liable for addition. Accordingly, app...

February 12, 2025 258 Views 0 comment Print

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

Income Tax : ITAT Kolkata invalidates reassessment in Pradip Kumar Jajodia HUF case, citing lack of tangible evidence for alleged bogus LTCG on...

February 11, 2025 429 Views 0 comment Print

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

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

January 28, 2025 2298 Views 0 comment Print

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

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

January 22, 2025 348 Views 0 comment Print


Penny Stocks Bogus Capital Gain – Calcutta HC upheld Additions

June 15, 2022 27231 Views 0 comment Print

Calcutta High Court order on Penny stock in which  Department’s appeal in penny stock case has been allowed. The Orders of AO and CIT(A) have been restored. Reversed the order of ITAT. The Court Held that : 1. The assessees cannot take shelter under the opinion given by the experts as it is not the […]

Introduction of unaccounted money as LTCG: ITAT upheld addition

May 17, 2022 1383 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 1209 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 4149 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 6153 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 2169 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 7341 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 2700 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 5259 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 1386 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.

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