PCIT v. Krishna Devi

126 Taxmann.com 80High Court2021#346 most cited

What is PCIT v. Krishna Devi authority for?

The genuineness of share transactions, particularly those generating long-term capital gains, cannot be rejected solely based on general investigation reports, third-party statements, or a mere increase in share price, when the assessee provides comprehensive documentary evidence, without the Revenue bringing substantial evidence to the contrary.

249

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2021 to 2026.

Also referred to as

PCIT v. Krishna Devi · Section 10(38) · Section 68 · Section 143(3) · long term capital gains · bogus share transactions · penny stock · documentary evidence · genuineness of transactions · investigation report · third party information · preponderance of probability

Issues it is cited on

Judgments citing PCIT v. Krishna Devi

Karishma Ajay Agarwal, Mumbai vs. Income Tax Officer, Mumbai

In the result the appeal filed by the assessee is allowed

ITA 2586/MUM/2022[2014-15]Status: DisposedITAT Mumbai09 Mar 2023AY 2014-15

Bench: Shri Prashant Maharishi & Shir Pavan Kumar Gadalekarishma Ajay Agarwal Vs. Ito, Ward – 21(2)(1) 218A/219, Shah Nahar Aayakar Bhavan, Industrial Estate, Bk M.K.Road, Kher Marg, Mumbai-400020 Lower Parel, Mumbai-400013 Pan/Gir No. : Agapa3857D Appellant .. Respondent Appellant By : Shri Prakash Jhunjhunwala.Ar Respondent By : Shri Tejinder Pal Singhanand.Dr Date Of Hearing 15.12.2022 Date Of Pronouncement 02.03.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac)/Cit(A), Delhi Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Prakash Jhunjhunwala.ARFor Respondent: Shri Tejinder Pal SinghAnand.DR
Section 10(38)Section 143(2)Section 143(3)Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER & SHIR PAVAN KUMAR GADALE, JUDICIAL MEMBER Karishma Ajay Agarwal Vs. ITO, Ward – 21(2)(1) 218A/219, Shah Nahar Aayakar Bhavan, Industrial Estate, BK M.K.Road, Kher Marg, Mumbai-400020 Lower Parel, Mumbai-400013 PAN/GIR No. : AGAPA3857D Appellant .. Respondent Appellant by : Shri Prakash Jhunjhunwala.AR Respondent by : Shri Tejinder Pal SinghAnand.DR Date of Hearing 15.12.2022 Date of Pronouncement 02.03.2023 आदेश / O R D E R PER PAVAN KUMAR GADALE JM: The assessee has filed the appeal against the order o…