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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

ITO Ward - 28(4), New Delhi vs. Renu Gupta, New Delhi

In the result, appeal of the Revenue is dismissed

ITA 5155/DEL/2019[2015-16]Status: DisposedITAT Delhi19 May 2025AY 2015-16

Bench: Shri Vikas Awasthy& Shri Avdhesh Kumar Mishraआअसं.5155/िद"ी/2019 (िन.व. 2015-16) Income Tax Officer, Ward 28(4), R. No. 1211, E-2 Block, 12Th Floor, ...... अपीलाथ"/Appellant Civic Center, Jln Marg, Delhi 110002 बनाम Vs. Renu Gupta, R/O. B-393, New Friends Colony, New Delhi 110025 ....."ितवादी/Respondent Pan: Afupg-6910-N Assessee By : Shri Sanjeev Kapoor, Chartered Accountant Department By : Ms. Harpreet Kaur Hansra, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 19.02.2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 19.05.2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenueis Directed Against The Order Of Commissioner Of Income Tax (Appeals)-10, New Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 05.03.2019, For Assessment Year 2015-16. 2. The Revenue In Appeal Has Assailed The Order Of Cit(A) In Deleting Addition Of Rs.1,30,83,424/-Made By Assessing Officer (Ao) Disallowing Assessee’S Claim Of Exemption Of Long Term Capital Gains (Ltcg) U/S. 10(38) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’).

For Appellant: Shri Sanjeev Kapoor, Chartered AccountantFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 10(38)Section 143(3)

basis of report of Investigation Wing held that Eins Eductech Ltd. is one of the declared penny stocks and the Long Term Capital Gain/Short Term Capital Loss on sale of said scrip is merely a bogus entry. The AO not only disallowed assessee’s claim of exemption ... submits that the assessee has indulged in obtaining bogus Long Term Capital Gain on sale of shares, which is a declared penny stocks. The AO in detail has explained modus operandiof operators, intermediaries and beneficiaries involved in generating bogus LTCG/STCL on penny stock. She further referred to investigation report

Sunita Sarda, New Delhi vs. ACIT Circle 71(1), New Delhi

In the result, appeal filed by the assessee is allowed

ITA 2215/DEL/2023[2011-12]Status: DisposedITAT Delhi14 May 2025AY 2011-12

Bench: Shris.Rifaur Rahmansunita Sarda, Vs. Acit, Circle 71 (1), 5/5761, Dev Nagar, Karol Bagh, New Delhi. New Delhi – 110 005. (Pan : Aanps7143M) (Appellant) (Respondent) Assessee By : Ms. Vidhi Mangla, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 12.03.2025 Date Of Order : 14.05.2025 O R D E R 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals/National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To ‘Ld. Cit (A)’) Dated 06.06.2023 For Assessment Year 2011-12. 2. Brief Facts Of The Case Are, Assessee Has Filed Her Return Of Income For The Year Under Consideration On 29.09.2011 Declaring Total Income Of Rs.4,42,000/-. The Department Has Received Information From Office Of Ddit (Inv.), Unit 6 (3), New Delhi On 06.03.2018 That The Assessee Has Taken Bogus Accommodation Entry Amounting To Rs.17,25,000/- During Fy 2010-11 By Trading In The Penny Scrip I.E. M/S. Global Capital

For Appellant: Ms. Vidhi Mangla, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 10Section 10(38)Section 115BSection 142(1)Section 143(2)Section 148Section 68

short (the Act’). He observed that as per information, the company i.e. global Capital Markets Ltd. fits into the pattern of a penny stock company. Assessing Officer after recording the reason and taking the prior approval issued notice u/s 148. In response, the assessee e-filed its return of income ... share through Nirmal Bang Securities Ltd.. Assessing Officer noticed that on the basis of information available, Global Capital Markets Ltd. is a penny stock company and the Balance Sheet and P&L account of the said company does not have financial credentials to support the issue of bonus