NARAYAN LAL JAGETIYA,INDORE vs. INCOME TAX OFFICER, 1(4), INDORE, INDORE
What did the Tribunal hold?
The Tribunal, following a co-ordinate bench's decision on identical facts, held that the shares were not to be treated as penny stocks and deleted the addition made by the Assessing Officer.
What were the facts?
The Assessing Officer disallowed the assessee's claim for Long Term Capital Gain (LTCG) under section 10(38) and treated the sale proceeds as unexplained cash credit under section 68. The CIT(A) confirmed this addition.
What were the issues?
Whether the sale of shares of 'PS IT Infrastructure & Services Ltd' constituted unexplained cash credit and if the claim for LTCG was valid.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Indore Bench, Indore
Before: Dr. Arjun Lal Saini & Shree Paresh M. Joshi
Per, Bench:
Captioned appeal filed by the assessee, pertaining to Assessment Year 2014-15, is directed against the order passed under section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by Commissioner of Income-tax (Appeals), dated 29.08.2025, which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) of the Act, on 23.12.2016. 2. When this appeal was called out for hearing, learned Counsel for the assessee invited our attention to the order dated 14.10.2025, passed by the Hon
The order continues below.
Read the full judgment
A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
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
Recent GST High Court judgments
Search GST case law →- U Days Garments vs. The Adjudication OfficerMadras · 16 Oct 2026
- M/S Jsw Cement Limited,Jajpur vs. State Of OdishaOrissa · 16 Oct 2026
- M/S.Sreeshobi Enterprises vs. The Appellate AuthorityMadras · 16 Oct 2026
- S.T.Promotors vs. The Commercial Tax OfficerMadras · 16 Oct 2026
- Prashanti Das (M/S. Panchamukhi Enterprises) vs. Assistant Commissioner Of State Tax, CT And GST, Jagatsinghpur CircleOrissa · 16 Oct 2026