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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 2445 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 2211 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 420 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


ITAT Deletes LTCG Addition as “Human Probability” Can’t Replace Evidence

October 30, 2025 729 Views 0 comment Print

ITAT Delhi deleted a ₹47 lakh bogus LTCG addition, holding that ‘human probability’ cannot override transactions conducted through stock exchange, demat, and banking channels. Mere high profit does not make a transaction bogus.

Penny Stock Gains Upheld as Genuine – ITAT Quashes Reopening for Lack of Fresh Material

October 28, 2025 825 Views 0 comment Print

ITAT Pune held that reopening based on old investigation data was invalid where transactions were already verified under Section 153A. The Tribunal found the penny stock gains genuine as supported by Demat, bank, and STT records.

ITAT Delhi Upholds Deletion of Bogus LTCG Addition on Share Sale

October 18, 2025 579 Views 0 comment Print

ITAT Delhi dismissed Revenue’s appeal, upholding CIT(A)’s deletion of addition from a share sale, ruling the transaction genuine as no evidence proved the shares were ‘penny stock’ or rigged.

Principles of natural justice prevail – ITAT directs fresh hearing in penny stock commission case

October 7, 2025 315 Views 0 comment Print

ITAT Mumbai ruled that denying effective cross-examination of key witnesses, like R.K. Kedia, violated natural justice, vitiating the income tax assessment in a bogus long-term capital gains (LTCG) commission case.

Penny stock theory fails again – Revenue can’t rely on generic Investigation Wing reports: ITAT Mumbai

October 7, 2025 996 Views 0 comment Print

The ITAT Mumbai deleted an addition of ₹46 lakh in the Rekha Rajesh Jogani case, ruling that the Income Tax Department cannot rely solely on general ‘penny stock’ investigation reports to deny Long Term Capital Gains (LTCG).

Penny stock addition deleted – Investigation Wing report alone not enough

October 7, 2025 948 Views 0 comment Print

ITAT Jabalpur upholds CIT(A)’s deletion of addition u/s 68; holds that mere reliance on Investigation Wing report without independent verification is unsustainable.

ITAT Nagpur Deletes Unexplained Investment Addition in Penny Stock Case

October 4, 2025 399 Views 0 comment Print

The ITAT Nagpur allowed the appeal of Bhivraj Mohanlal Jain, deleting the unexplained investment addition of lakhs under Section , ruling that the transactions were genuine intraday trading resulting in a marginal profit.

Penny Stock Business Loss Cannot Be Treated as Bogus LTCG/STCL: Revenue Appeal Dismissed for Low Tax Effect

October 4, 2025 723 Views 0 comment Print

ITAT Delhi dismissed Revenue’s appeal against Satya Prakash Gupta regarding an addition of ₹1.61 crore for alleged bogus Short Term Capital Loss, as tax effect was below CBDT’s monetary limit.

No Section 68 Addition as Penny Stock Transactions Did Not Yield LTCG

October 4, 2025 561 Views 0 comment Print

The ITAT Ahmedabad upheld the deletion of a ₹1.17 Lakh addition made under Section 68 for alleged penny stock gains, ruling that the taxpayer had incurred a Short Term Capital Loss and had not claimed any exempt LTCG u/s 10(38),

LTCG from Penny Stock Found Genuine – Suspicion No Substitute for Proof: ITAT Delhi

October 3, 2025 639 Views 0 comment Print

ITAT Delhi dismisses Revenue appeal, holding an investor’s LTCG from stock exchange transactions as genuine, reaffirming “suspicion is not substitute for proof.”

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