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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

Mr. Santokumar Gograj Adukia, Mumbai vs. Pr. CIT-17, Mumbai

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

ITA 990/MUM/2021[202-13]Status: DisposedITAT Mumbai18 Feb 2022

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 990/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2012-13) Mr. Santosh Kumar Gograj बिधम/ Pcit-17 Room No.120, 1St Floor, Adukia Vs. B-401 Twin Apartment, Kautilya Bhavan, C-41 To C- Marve Road, Opp. Marve 43, G Block, Bandra Kurla Nsg. Home,Malad- Complex, Bandra (E), Mumbai-400064. Mumbai-400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaapa7459F (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Shailesh Bandi Revenue By: Shri A. K. Kardam (Dr) सुनवाई की तारीख / Date Of Hearing: 15/12/2021 घोषणा की तारीख /Date Of Pronouncement: 18/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 27.03.2021 Passed By The Principal Commissioner Of Income Tax - 17 Mumbai [Hereinafter Referred To As The “Pcit)”] Relevant To The A.Y.2012- 13 In Which The Principal Commissioner Of Income Tax-17 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Pr. C.I.T, Mumbai-17, Has Grossly Erred In Passing An Order U/S 263 Of The I.T Act, Without Providing An Opportunity Of Personal Hearing, Which Is Against The Principles Of Natural Justice & Is Bad In Law.

For Appellant: Shri Shailesh BandiFor Respondent: Shri A. K. Kardam (DR)
Section 139(1)Section 143(3)Section 147Section 148Section 263Section 69ASection 69C

Sampada Chemicals Ltd., was controlled and operated by Vipul Vidhur Bhatt whose statement was recorded. Vipul Vidhur Bhatt was providing the entry of bogus LTCG to various clients. The AO failed to enquiry about the transaction of M/s. Sampada Chemicals Ltd. No addition was made. Since no enquiry and verification