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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

Auto Profiles Limited, Jharkhand vs. DCIT Circle-1, Jharkhand

In the result, appeal of the assessee stands allowed

ITA 267/RAN/2023[2013-14]Status: DisposedITAT Ranchi19 Aug 2025AY 2013-14

Bench: S/ S/Hri George Mathan & Ratnesh Nandan Sahayratnesh Nandan Sahayratnesh Nandan Sahayassessment Year : 2013-14 Auto Profiles Ltd., C Auto Profiles Ltd., C-33, 34, Vs. Dcit, Dcit, Circle-1, Circle 35, 35, Iv Iv Pase, Pase, Adityapur Adityapur Jamshedpur/Ao, Jamshedpur/Ao, National National Industrial Industrial Area, Area, Po: Po: Faceless Centre Faceless Centre Gamharia, Gamharia, Seraikela, Seraikela, Jamshedpur Pan/Gir No. .Aabca 3931 A (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Anup Shangai, Fca & Shri Anand Harathka, Assessee By Anup Shangai, Fca & Shri Anand Harathka, Fca Revenue By : Shri Khubchand T Pandya, Revenue By Ld Sr Dr Date Of Hearing : 20/08/202 2025 Date Of Pronouncement : 20/08/2 2025 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi Dated Cit(A), Nfac, Delhi Dated 17.10.2023 In Appeal No.Cit(A) In Appeal No.Cit(A) Nfac/2012- 13/10121574 For The Assessment Year For The Assessment Year 2013-14. 2. Shri Anup Shangai, Fca, Shri Anup Shangai, Fca,Ld Ar Appeared For The Assessee. Shri Ed For The Assessee. Shri Khubchand T Pandya, T Pandya, Ld Sr Dr Represented On Behalf Of The Revenue. Represented On Behalf Of The Revenue.

For Appellant: Shri Anup Shangai, FCA and Shri Anand HarathkaFor Respondent: Shri Khubchand T Pandya
Section 143(2)Section 143(3)Section 147Section 148

order of the AO and ld CIT(A). It was the submission of ld Sr DR that this was a case of bogus share capital. It was his prayer that the order of the ld CIT(A) be upheld. 6. We have considered the rival submissions. The facts

Income Tax Officer- 6(2), Lucknow vs. M/S. Status Vyapaar Pvt. Ltd., Lucknow

ITA 403/LKW/2020[2012-13]Status: HeardITAT Lucknow13 Aug 2025AY 2012-13

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraआयकर अपील सं/ Ita No.403/Lkw/2020 निर्धारण वर्ष / Assessment Year: 2012-13 Income Tax Officer-6(2) 27/2, Raja Ram Mohan Rai Marg, P. K. Complex, 3Rd Floor, Lucknow-226001. V. M/S. Status Vyapaar Pvt Ltd 24, Eldico Greens, Gomti Nagar, Lucknow-226010. Pan:Arvpm1497R अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कि और से/Appellant By: Shri Raghunath Mishra, Adv प्रत्यर्थी कि और से /Respondent By: Shri R. K. Agarwal, Cit(Dr) Order Per Anadee Nath Misshra, Am.: This Appeal, By The Revenue, Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-2, Lucknow Dated 24.09.2020, Pertaining To The Assessment Year 2012-13. The Revenue Has Raised The Following Grounds Of Appeal: - “1. Whether On The Facts Of Circumstances Of The Case & In Law. Ld. Cit(A)-2, Lucknow Erred In Restricting The Addition Of Rs.6,34,00,000/- Made By The Ao On Account Of Unexplained Credit U/S 68 Of The Act To Commission Income Calculated At 1% Without Appreciating That The Assessee Had Failed To Furnish Satisfactory Explanation With Regard To Identify Of The Parties, Source & Genuineness Of The Transaction 2. The Appellant Craves Leave To Add Or Amend Any One Or More Of The Grounds Of Appeal As & When Need To Doing So Arises With The Prior Permission Of The Court.” 2. In This Case, Assessment Order Dated 29.12.2019 Was Passed By The Assessing Officer Whereby The Assessee'S Total Income Was Assessed At Rs.6,34,42,150/-. Thereafter, During The Assessment Proceedings, The Assessing Officer Noted That There Were Total Credit Entries Of Rs.9.84 Crores & Matching Debit

For Appellant: Shri Raghunath Mishra, AdvFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 150Section 68

आयकर अपीलीय अधिकरण 'ए' न्यायपीठ, लखनऊ। IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “A”, LUCKNOW श्री कुल भारत, उपाध्यक्ष

Tremendous Mining and Minerals Pvt Limited, Delhi vs. DCIT Central Circle-3, New Delhi

ITA 157/DEL/2023[2012-13]Status: DisposedITAT Delhi09 Jul 2025AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2012-13 Tremendous Mining & Vs Dcit, Minerals Pvt. Ltd., Central Circle-3, Cabin No.-1, 1205, New Delhi. 89-Hemkunth Chamber, Nehru Place, New Delhi – 110 019. Pan: Aacct8840N (Appellant) (Respondent) Assessee By : Shri Ashwini Kumar, Ca & Shri Ankur Aggarwal, Ca Revenue By : Shri Kailash Dan Ratnoo, Cit-Dr Date Of Hearing : 01.05.2025 Date Of Pronouncement : 09.07.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 05.01.2023 Of The Commissioner Of Income-Tax (Appeals)-23, New Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.Cit(A), Delhi-23/10303/2019-20 Arising Out Of The Appeal Before It Against The Order Dated 24.12.2019 Passed U/S 148 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Central Circle- 3, Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Ashwini Kumar, CA &For Respondent: Shri Kailash Dan Ratnoo, CIT-DR
Section 132Section 139Section 143(1)Section 143(3)Section 148Section 153A

transaction of the appellant is basically part & parcel of organised financial crime wherein various modus operandi like bogus LTCG, bogus share capital etc. was employed to bring unaccounted money in the books of accounts. The money was routed through various entities to evade investigation. The transactions were camouflaged as that ... transaction of the appellant is basically part & parcel of organised financial crime wherein various modus operandi like bogus LTCG, bogus share capital etc. was employed to bring unaccounted money in the books of accounts. The money was routed through various entities to evade investigation. The transactions were camouflaged as that