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“bogus share capital”

Cash Credits & Unexplained ItemsSection 68Section 68263 judgments

The decision most relied on for bogus share capital is PCIT v. Swati Bajaj (139 Taxmann.com 352), cited in 443 judgments on BharatTax.

Leading authorities on bogus share capital

PCIT v. Swati Bajaj
139 Taxmann.com 352 · 2022 · High Court
443
citing judgments

Tax authorities are entitled to examine surrounding circumstances and apply the test of human probabilities to determine the genuineness of long-term capital gains arising from the sale of manipulated penny stock, even if prima facie documents appear to support the transaction.

CIT v. Shyam R. Pawar
54 Taxmann.com 108 · 2015 · High Court
279
citing judgments

Transactions involving the purchase and sale of shares cannot be considered bogus where the assessee provides documentary evidence, unless the revenue brings substantial evidence on record to reject such proof. This principle is consistently applied in cases concerning claims of bogus long-term capital gains arising from penny stock transactions.

Sanjay Bimalchand Jain v. PCIT-1, Nagpur
89 Taxmann.com 196 · 2018 · High Court
251
citing judgments

The exemption for long-term capital gains on share transactions is unavailable if the assessee fails to discharge the onus of proving the genuineness of gains arising from dubious share transactions designed to convert unaccounted income into tax-exempt capital gains. Courts will uphold an assessment based on the Revenue's evidence of price rigging or penny stock manipulation if the assessee cannot provide cogent evidence for the abnormal rise in share value.

PCIT v. Krishna Devi
126 Taxmann.com 80 · 2021 · High Court
249
citing judgments

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.

CIT v. Steller Investment Ltd.
251 ITR 263 · 2001 · Supreme Court
233
citing judgments

An increase in a company's subscribed share capital cannot be treated as the company's undisclosed income under section 68, even if the subscribers to the capital are found not to be genuine. The amount of share capital cannot be regarded as undisclosed income of the company itself.

MOD Creation Pvt Ltd. v. Case
354 ITR 282 · 2013 · High Court
154
citing judgments

Under Section 68 of the Income-tax Act, the initial burden is on the assessee to establish the authenticity of transactions for unexplained credits. Once authenticity is proven, this burden shifts, and the assessee is not required to prove the genuineness or source of funds of the creditor beyond this.

ITO, 19(3) (4) Mumbai v. Shamim M Bharwani
69 Taxmann.com 65 · 2016 · Reported
142
citing judgments

Long Term Capital Gains (LTCG) from penny stock transactions are liable to be treated as bogus and added back under Section 68 as unexplained cash credits, especially when evidence suggests the involvement of entry operators providing accommodation entries.

Mukesh R.Marolia v. Addl. CIT
6 SOT 247 · 2006 · ITAT
139
citing judgments

The department must substantiate its allegations of a bogus long term capital gain scheme; if not substantiated, the addition made by the Assessing Officer for purported bogus LTCG derived from the purchase/sale of shares cannot be sustained. An assessee's claim for long term capital gains exemption on share transactions should be allowed where documentation supports the transactions.

Judgments citing bogus share capital

Jayton Trading Pvt. Ltd., Kolkata vs. Dy. Commissioner of Income Tax (Central)-2, Raipur

In the result, appeal of the assessee is allowed

ITA 65/RPR/2021[2012-13]Status: DisposedITAT Raipur31 Jul 2023AY 2012-13

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.65/Rpr/2021 (Assessment Year: 2012-2013) Jayton Trading Private Limited, Vs Dcit (Central)-2, Raipur 15, Crooked Lane, 1St Floor, Hare Street, Kolkata Pan No. :Aaacj 6659 B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Jehangir D. Mistry, Sr. Advocate, Shri Madhur Agrawal, Advocate Shri Praveen Khandelwal & Praveen Goyal, Cas राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 29/05/2023 घोषणा क" तार"ख/Date Of Pronouncement : 31 /07/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Assessee Has Filed This Appeal Against The Order Passed By The Cit(A)-3, Bhopal, Dated 06.07.2021 For The Assessment Year 2012-2013, On The Following Grounds :- 1. That On The Facts & In The Circumstances Of The Case & In Law, The Order Dated 06/07/2021 Passed U/S 250 Of The Act & The Assessment Order Passed U/S 144 R.W.S. 147 Of The Act Dated 30/12/2019 Are Illegal & Void Ab Initio. 2. That On The Facts & In The Circumstances Of The Case & In Law, The First Appellate Authority Erred In Not Confirming That The Notice Issued U/S 148 Of The Act Dated 28/03/2019 Is Bad In Law. 2.1 That On The Facts & In The Circumstances Of The Case & In Law, The First Appellate Authority Erred In Not Holding That The Notice Issued U/S 148 Of The Act Dated 28/03/2019 Is Time Barred By Limitation In View Of First Proviso To Section 147 Of The Act. 2.2 That On The Facts & In The Circumstances Of The Case & In Law, The First Appellate Authority Erred In Confirming The Reason Recorded U/S 148(2) Of The Act Though The Same Is Only A Change Of Opinion On Account Of Borrowed Satisfaction Without Application Of Mind By The Assessing Officer.

For Appellant: Shri Jehangir D. Mistry, Sr. AdvocateFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 143(3)Section 144Section 147Section 148Section 148(2)Section 250Section 68

u/s.153C of the Act, the narration of the reasons recorded might be different but the intent of the revenue was the same that bogus share capital/ premium and unsecured loans through Kolkata based shell companies were transacted therefore, the same should be brought within the ambit of tax net, hence

Mesers S R Ingosts Private Limited, Raipur vs. Assistant Commissioner of Income Tax, Central Circle-1, Raipur

In the result Revised Ground no 4 of the assessee is partly allowed

ITA 4/RPR/2020[2011-12]Status: DisposedITAT Raipur09 Jun 2023AY 2011-12

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.04/Rpr/2020 (Assessment Year: 2011-2012) M/S S R Ingots Pvt. Ltd., Vs Acit, Cc-1, Raipur House No.16, Opp.Cg Gramin Bank, Choubey Colony, Raipur Pan No. :Aaics 5559 D (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Ajoy Kumar Singh & Smt. Surbhi Jain, Ars राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 12/04/2023 घोषणा क" तार"ख/Date Of Pronouncement : 09/06/2023 आदेश / O R D E R Per Arun Khodpia, Am :

For Appellant: Shri Ajoy Kumar Singh & Smt. Surbhi JainFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 132Section 147Section 148Section 153ASection 68

continuation, it was the submission of the ld. AR that since all the amounts of alleged bogus share capital receipt in the hands of the assessee which were added by invoking 9 provisions of section 68 of the I.T. Act since, were received in the F.Y 2009- 10 relevant ... well as by the Hon'ble Rajasthan High Court in the case of Parmeshwar Bohra (supra), since the receipt of the alleged bogus share capital and premium pertains to a different year than that of the year in which the said amount were added by invoking provisions of section

Sumangal Techpark (P) Ltd, New Delhi vs. ITO Ward - 24(3), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 3840/DEL/2019[2010-11]Status: DisposedITAT Delhi23 Feb 2023AY 2010-11

Bench: Shri Anil Chaturvedi & Shri C.M. Gargassessment Year: 2010-11 Sumangal Techpark (P) Ltd., Vs. Ito, 117, Hans Bhawan, Ward-24(3), 1 Bsz Marg, New Delhi. New Delhi. Pan: Aalcs4760R (Appellant) (Respondent) Assessee By : Shri S.K. Gupta, Ca Revenue By : Ms Kirti Sankratyayan, Sr. Dr Date Of Hearing : 19.12.2022 Date Of Pronouncement : 23.02.2023 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.02.2019 Of The Cit(A)-8, New Delhi, Relating To Assessment Year 2010-11. 2. First Of All, We Have Heard The Arguments Of Both The Representatives On Legal Ground No.1 Of The Assessee Which Reads As Under:- “3. The Initiation Of The Proceedings U/S 148 & The Consequent Order Us 147 Are Bad In Law As A) The Initiation Of Proceedings U/S 148 Are Contrary To Provisions Of Law B) The Mandatory Procedure Laid Down In The Act Has Not Been Followed. C) The Notice Issued U/S 148 Is Time Barred As Issued After 4 Years From The End Of The Relevant Assessment Year Where The Case Has Already Been Assessed U/S 143(3). D) The Approval Of Addl. Cit & Pcit Is Bad In Law & Mechanical Without Application Of Mind & Has Been Taken Without Bringing To Their Notice Material Facts Of The Case. E) The Information Has Been Collected Behind The Back Of The Assessee & The Assessee Was Never Confronted With The Same Nor An Opportunity Provided For Cross-Examination Of Jain Brothers, Alleged Intermediary & The Relevant Seized Material Relied Upon Has Not Been Provided To The Assessee.”

For Appellant: Shri S.K. Gupta, CAFor Respondent: Ms Kirti Sankratyayan, Sr. DR
Section 143(3)Section 147Section 148Section 151Section 292B

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B : NEW DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI C.M