PCIT v. Smt. Krishna Devi
What is PCIT v. Smt. Krishna Devi authority for?
An assessment allowing exempt long-term capital gains under Section 10(38) is not erroneous and prejudicial to the revenue under Section 263 if the assessee has discharged their primary burden of proving transaction genuineness with documentary evidence. The Revenue cannot invoke Section 263 based on mere general investigation reports without direct material linking the assessee to bogus transactions or price rigging.
judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2021 to 2026.
Also referred to as
PCIT v. Smt. Krishna Devi · 431 ITR 361 · Section 263 · Section 10(38) · bogus long term capital gain · exempt capital gains · assessee burden of proof · genuineness of share transactions · investigation report · erroneous and prejudicial to revenue · Delhi High Court
Sections most often in play
Issues it is cited on
Judgments citing PCIT v. Smt. Krishna Devi
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