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“penny stock”

Cash Credits & Unexplained ItemsSection 68Section 681,661 judgments

The decision most relied on for penny stock is Sumati Dayal v. CIT (214 ITR 801), cited in 1,967 judgments on BharatTax.

Leading authorities on penny stock

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

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.

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 penny stock

ACIT, Circle, Mumbai, Piramal Chamber vs. Abhishek Rajendrakumar Mundra, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 3929/MUM/2024[2016-17]Status: DisposedITAT Mumbai16 Jun 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarआयकर अपील सुं./Ita No. 3929/Mum/2024 (नििाारण वर्ा / Assessment Year :2016-17) Acit, Circle, Mumbai V/S. Abhishek Rajendrakumar 601, 6Th Floor, Piramal बिाम Mundra Chambers, Lalbaug, Parel, C-28, Ameya Building, Mumbai-400012 Behind Ymca, Dn Nagar, Po Azad Nagar, Andheri West, Mumbai-400053 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacpm5067H Appellant/अपीलार्थी .. Respondent/प्रनिवादी प्रनि आपत्ति सुं./ Co No. 100/Mum/2025 (Arising Out Of Ita No. 3929/Mum/2024) (नििाारण वर्ा / Assessment Year :2016-17) Abhishek Rajendrakumar V/S. Acit, Circle, Mumbai बिाम Mundra 601, 6Th Floor, Piramal C-28, Ameya Building, Chambers, Lalbaug, Parel, Behind Ymca, Dn Nagar, Mumbai-400012 Po Azad Nagar, Andheri West, Mumbai-400053 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacpm5067H Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Vimal Punmiya राजस्व की ओर से /Revenue By: Shri Aditya Rai, Sr. Dr

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Aditya Rai, Sr. DR
Section 250Section 68

erred in not appreciating the facts that no prudent person would have entered into this transaction of penny stock and thus erred in holding that the transactions in shares of M/s Yamini Investment Company Limited have been carried out by the assessee in normal course of business and not with

Sarika Sajjan Agrawal, Mumbai vs. Income Tax Officer, Ward 42(1)(5), Mumbai

In the result, the appeal filed by the Assessee stands allowed for statistical purposes

ITA 6638/MUM/2024[2012-13]Status: DisposedITAT Mumbai10 Jun 2025AY 2012-13

Bench: Shri Narender Kumar Choudhry & Shri Omkareshwar Chidaraassessment Year: 2012-13 Mrs. Sarika Sajjan Agrawal, Income Tax Officer, 7/538, City End Chs Ltd., Ward 42(1)(5) Gorai Road, Vs. Room No.945, Borivali West, Kautilya Bhavan, Mumbai-400091. Bandra Kurla Complex, Pan: Aftpa1907Q Mumbai – 400051. (Appellant) (Respondent) Present For: Assessee By : Shri Lalchand Choudhary, Ld. C.A. Revenue By : Shri. Manoj Kumar Sinha, Ld.Sr.D.R. Date Of Hearing : 07.04.2025 Date Of Pronouncement : 10.06.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 01.11.2024, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012-13. 2. In This Case, An Information Was Received From Ddit (Investigation) Unit-8(2), Mumbai Dated 07.03.2019 To The Effect That During The Investigation Carried Out By The Income Tax Department, It Was Found That The Assessee During The Year Under Consideration Has Made Transaction Of Rs.27,73,881/- In A Penny Stock-M/S. Tilak Ventures Ltd., Which Has Been Used To Facilitate Introduction Of Unaccounted Income Of The Members Of The 2 Mrs. Sarika Sajjan Agrawal Beneficiaries In The Form Of Exempt Long Term Capital Gain/Short Term Capital Loss, In Their Books Of Account.

For Appellant: Shri Lalchand Choudhary, Ld. C.AFor Respondent: Shri. Manoj Kumar Sinha, Ld.Sr.D.R
Section 131Section 133(6)Section 144Section 147Section 148Section 250

considering “the modus operandi of providing accommodation entries of long term capital gain/short term capital loss, role of operator, role of promoters of the penny stock M/s. Tilak Ventures Ltd., analysis of share price movement of M/s. Tilak Ventures Ltd., analysis of financials of M/s. Tilak Ventures Ltd., analysis ... evidences such as: (i) Letter of authority (ii) Bank book of the Assessee (iii) Copy of global report for the year including the allied penny stock. (iv) Details of trade in allied penny stock during the year. (v) Brokers’ ledger account for the year (vi) D-mat account