ASKARAN JAIN HUF, RAIPUR,RAIPUR vs. INCOME TAX OFFICER-3(2), RAIPUR, RAIPUR
What did the Tribunal hold?
The Tribunal found that the AO failed to establish a direct nexus between the assessee and any illegal benefit derived from price rigging. The assessee had provided all necessary documentation for the transactions, which were conducted through the stock exchange.
What were the facts?
The assessee, an HUF, traded shares of Global Capital Markets Ltd. The Assessing Officer (AO) treated the sale consideration as undisclosed funds, alleging sham transactions and price rigging for money laundering under Section 10(38). The CIT(A) upheld the addition, relying on a High Court decision.
What were the issues?
Whether the sale of shares in a company allegedly involved in price rigging constitutes undisclosed income, and if the assessee, as an unsuspecting investor, can be held liable for such alleged manipulation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAIPUR BENCH “SMC”, RAIPUR
Before: SHRI PARTHA SARATHI CHAUDHURY
PER PARTHA SARATHI CHAUDHURY, JM The present appeal preferred by the assessee emanates from the order of the Ld.ADDL/JCIT(A)-2, Mumbai, dated 19.01.2026 for the assessment year 2013-14 as per the grounds of appeal on record.
The relevant facts in this case are that the assessee is HUF and during the year under consideration, the assessee has traded in shares of Global Capital Markets Ltd. amounting to sale consideration of Rs.8,50,687/-. That in the assessment proceeding
The order continues below.
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More judgments on Section 10(38)
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Karan Dilipkumar Patel L/H of Late… vs Dy. Commissioner of Income Tax, Vapi…ITA 353/SRT/2024[2011-12]Status: Disposed14 Oct 2026AY 2011-12
- Jay Patel, Raipur vs ITO, Ward-3(1), RaipurITA 684/RPR/2026[2015-16]Status: Heard12 Oct 2026AY 2015-16
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