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“bogus long term capital gain”

Cash Credits & Unexplained ItemsSection 68Section 68695 judgments

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

Leading authorities on bogus long term capital gain

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. Jamnadevi Agarwal
328 ITR 656 · 2010 · High Court
230
citing judgments

When faced with allegations of bogus long-term capital gains from penny stocks, the Assessing Officer must discharge the onus of proving that the assessee's transactions were not genuine. The assessee can rely on the principle of preponderance of probability, and the Revenue must present substantial evidence to establish that the transactions were a colourable device or that the assessee was an entry operator.

Pr.CIT v. Lata Jain
384 ITR 543 · 2016 · High Court
174
citing judgments

In a search assessment under Section 153A, no additions can be made for assessment years where assessments have already been concluded, unless incriminating material related to undisclosed income for those years is found during the search operation.

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 long term capital gain

Snehalatha Singhi, Bangalore vs. Deputy Commissioner of Income Tax, Circle-1(1)(2), Bangalore

In the result assessee’s appeal stands allowed for statistical purposes

ITA 3153/BANG/2018[2014-15]Status: DisposedITAT Bangalore15 Mar 2022AY 2014-15

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2014-15 Smt. Snehalatha Singhi, The Deputy Flat No. 101, Commissioner Of Pride Elite, Income Tax, No. 10, Museum Road, Circle – 1 (1)(2), Bangalore – 560 001. Vs. Bangalore. Pan: Ajmps0427Q Appellant Respondent : Shri K.R. Pradeep & Ms. Girija, Assessee By Advocates : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 15-03-2022 Date Of Pronouncement : 15-03-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 10.08.2018 Passed By Ld.Cit(A)-1, Bangalore For Assessment Year 2014-15. 2. Brief Facts Of The Case Are As Under: The Assessee Is An Individual & Filed His Return Of Income On 31/03/2015 For Year Under Consideration Declaring Total Income Of Rs.1,31,57,680/-. Ld.Ao Observed That Assessee Has Claimed Exemption Under Section 10(38) Amounting To Rs.3,10,94,952/- Towards Sale Of Equity Shares. The Case Was Selected For Scrutiny

For Respondent: Shri K.R. Pradeep & Ms. Girija
Section 10(38)

based on market forces, and, in view of order of SEBI finding that company these alleged companies, were involved in providing bogus long term capital gains, claim of exemption of long term capital gains earned by assessee was denied. 3. On appeal before Ld.CIT (A), observations and findings by Ld.AO