LEELA TARACHAND KOTHARI ,MUMBAI vs. INCOME TAX OFFICER -19(2)(1), , MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the AO relied on a generalized investigation report without establishing a direct nexus between the assessee's transactions and the alleged manipulation. The assessee provided documentary evidence like bank statements and contract notes to substantiate the transactions.
What were the facts?
The assessee claimed long-term capital gains from the sale of shares of Ashika Credit Capital (ASHIKACR), identified as a penny stock. The Assessing Officer (AO) treated these gains as non-genuine and added them to the assessee's income under Section 68, based on an investigation report about manipulation of penny stocks.
What were the issues?
Whether the long-term capital gains from penny stock transactions are genuine, and if the AO correctly applied Section 68 without sufficient evidence connecting the assessee to market manipulation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Shyam R. Pawar279 citing229 Taxmann 256 · 2015 · HC
- PCIT v. Krishna Devi249 citing431 ITR 361 · 2021 · HC
- Union of India v. Kamalakshi Finance Corporation Ltd.50 citing55 ELT 43 · 1991 · SC
Before: SHRI SANDEEP GOSAIN & SHRI PRABHASH SHANKAR
आदेश की प्रयियलयि अग्रेयिि/Copy of the Order forwarded to :
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