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“bogus LTCG”

Cash Credits & Unexplained ItemsSection 68Section 68806 judgments

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

Leading authorities on bogus LTCG

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.

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.

5. PCIT v. Paramount Communication (P.) Ltd. Delhi High Court
392 ITR 444 · 2017 · High Court
111
citing judgments

For valid initiation of reassessment proceedings, the Assessing Officer must possess tangible material and apply independent mind to form a 'reason to believe' that income has escaped assessment. Reassessment cannot be based on mere borrowed satisfaction or unverified information without proper scrutiny.

Suman Poddar v. ITO
423 ITR 480 · 2020 · High Court
84
citing judgments

The Assessing Officer's detailed findings regarding bogus long-term capital gains from penny stock transactions, established through objective examination of facts and circumstantial evidence, should not be overturned by appellate authorities without a thorough investigation or fresh inquiry.

CIT-I v. Maheshchandra G. Vakil
40 Taxmann.com 326 · 2013 · High Court
69
citing judgments

An Assessing Officer is not justified in treating capital gain from the sale of shares as unexplained cash credit when the assessee proves the genuineness of share transactions with contract notes, broker's bank statements, DMAT accounts, and stock exchange abstracts.

6. CIT v. Jasvinder Kaur
54 Taxmann.com 10 · 2015 · High Court
57
citing judgments

The Assessing Officer must provide the assessee with contrary material if they dispute the genuineness of long-term capital gains claimed under section 10(38). The onus is on the revenue to prove the transaction is a colourable device.

PCIT v. Parasben Kasturchand Kochar
130 Taxmann.com 177 · 2021 · Supreme Court
56
citing judgments

An assessment or reassessment order is considered bad in law and without legal sanction if its completion is not in accordance with prescribed legal procedures or timelines.

Judgments citing bogus LTCG

Joint Commissioner of Income Tax (in-Situ), Kolkata vs. Alosha Marketing Pvt Ltd, Kolkata

In the result, appeal of the revenue stands dismissed

ITA 1594/KOL/2024[2012-13]Status: DisposedITAT Kolkata01 Jul 2025AY 2012-13

Bench: Shri George Mathanjcit(In-Situ), Circle-4(1), Vs M/S Alosha Marketing Pvt. Ltd. Kolkata 62A, Hazra Road, Kolkata Pan No. :Aacca 1930 G (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. राजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr. Dr नििााररती की ओर से /Assessee By : Ms. Priyanka Salarpuria, Ar सुनवाई की तारीख / Date Of Hearing : 01/07/2025 घोषणा की तारीख/Date Of Pronouncement : 01.07.2025 आदेश / O R D E R This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 29.01.2024 Passed For The Assessment Year 2012-2013. 2. Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue & Ms. Priyanka Salalpuria, Ld. Ar Appeared On Behalf Of The Assessee. 3. The Appeal Of The Revenue Is Delayed By 117 Days. In This Regard The Revenue Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons For Delay Which Are Plausible & Not Found To Be False. Thus, The Delay Of 117 Days In Filing The Present Appeal By The Revenue Is Condoned & The Appeal Is Admitted For Hearing. 4. The Revenue In Its Appeal Has Raised The Following Grounds :- 1. The Delay In Filing Appeal Before The Hon'Ble Itat Against The Order Of The Ld. Cit(A), Nfac Is Occurred Due To Large Number Of Time Barring Cases U/S 148A Of The I.T.Act 1961 & System Problem Which May Kindly Be Condoned. 2. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A). Nfac Has Erred In Deleting The Addition

For Appellant: Ms. Priyanka Salarpuria, ARFor Respondent: Shri S.B.Chakraborthy, Sr. DR
Section 10(38)Section 147Section 148Section 148ASection 68

business income. Hence, there is no basis for re-opening the case u/s 147 when the assessee did not claim any benefit through bogus LTCG u/s 10(38) or setting of business income against bogus STCL as highlighted in the Investigation report. As far as the addition