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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

Vijay Kantilal Vora, Vadodara vs. DCIT, Circle-4(2)(1), Vadodara

ITA 1821/AHD/2018[2011-12]Status: DisposedITAT Ahmedabad30 May 2024AY 2011-12

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2011-12 Vijay Kantilal Vora The Dcit 201, Shrushti Flats, Vs Circle-4(2)(1), Opp. Geb Sub Station, Vadodara Gotri Road, Vadodara-390021 Pan: Aakpv3542 J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Talati, Ca Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 27/05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 30/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)- 4 Vadodara (Hereinafter Referred As “Ld. Cit(A)” Dated 30.1.2018, Relating To The Assessment Order Passed By The Assessing Officer (Hereinafter Referred As “Ao”) Under Section 144 R.W.S. 147 Of The Income Tax Act, 1961(Hereinafter Referred As “The Act” For The Assessment Year2011-12. 2. Assessee Has Taken Following Grounds Of Appeal: Vijay Kantilal Vora Vs. Dcit Asst. Year : 2011-12

For Appellant: Shri Sunil Talati, CAFor Respondent: Shri Sudhakar Verma, Sr.DR
Section 10(38)Section 143(3)Section 144Section 147Section 148Section 68

that the purchase and sale is a fabricated transaction held as bogus. AO also recorded his observations as follows: [i] The financials of the penny stock KGN Industries Limited and movement of the price is abrupt, unrealistic and not based upon any realistic parameters. The history of investment in shares ... assuming the purchase as genuine [in this case it was held as bogus in earlier paras], the sales, given the high rates of such penny stock, with no real buyers, are bogus. The evidentiary value of payment of STT cannot make a non-genuine transaction, a genuine

Suresh Maheshwari HUF, Mumbai vs. Dy. Commissioner on Income-Tax-25(1), Mumbai

In the result, the appeal is allowed

ITA 3903/MUM/2023[2015-16]Status: DisposedITAT Mumbai29 May 2024AY 2015-16

Bench: Shri Narender Kumar Choudhry & Shri Ratnesh Nandan Sahayassessment Year: 2015-16 M/S. Suresh Maheshwari Huf Dy. Commissioner Of 431, Akshay Girikunj, Income –Tax-25(1), Bldg.- 3, Parliament Road, Vs. Room No. 206, 2Nd Floor, Matru Mandir, Andheri (West) – 400058. Andheri Railway Station S.O. Tardeo Road, Pan: Aabhs3934A Mumbai- 400007. (Appellant) (Respondent) Present For: Assessee By : Shri Rajesh Shah, C.A. Revenue By : Shri Prashant Mahajan, Sr. D.R. Date Of Hearing : 07 . 05 . 2024 Date Of Pronouncement : 29 . 05 . 2024 O R D E R Per : Ratnesh Nandan Sahay: 1. These Appeals Have Been Filed By The Appellant Against The Order Of The Ld. Cit (Appeals) Passed U/S. 250 Of The Income Tax Act [The „Act‟ In Short] Dated 21/09/2023 For The Assessment Year 2015-16. 2. The Following Grounds Have Been Raised In Ita No. 3903 Of 2023 Are As Under:

For Appellant: Shri Rajesh Shah, C.AFor Respondent: Shri Prashant Mahajan, Sr. D.R
Section 10(38)Section 143(1)Section 143(2)Section 250Section 68Section 69Section 69C

found by the AO that the investigation wing of the Income Tax Department, Calcutta had undertaken investigation into 84 penny stocks and found that accommodation entries were provided by the entry providers where unaccounted cash was introduced through a layer of transactions to show it as genuine. The details

Nalini Kejriwal, Kolkata vs. ITO, Ward-35(2), Kolkata.

In the result, the appeal of the assessee stands allowed

ITA 672/KOL/2023[2015-16]Status: DisposedITAT Kolkata20 May 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.672/Kol/2023 Assessment Year : 2015-16 Nalini Kejriwal……..……….….…………............…...……………....Appellant 7, Lyons Range, Dalhousie, Kolkata – 1. [Pan: Ajopk0890K] Vs. Ito, Ward-35(2), Kolkata…….............................................…..…..... Respondent Appearances By: Shri Ravi Tulsiyan, Ar, Appeared On Behalf Of The Appellant. Shri Umakanta Dhrupati, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 14, 2024 Date Of Pronouncing The Order : May 20, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 11.05.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1A) That, On The Facts & In The Circumstances Of The Case, The Ld. C.I.T.(A) Erred In Confirming The Addition Of Rs. 1,01,98,784/- Being Profit Earned From Sale Of Shares Of M/S. Gcm Securities Ltd. As Unexplained Cash Credit U/S. 68 Of The Act Without Considering The Explanation With Supporting Evidences Filed By The Appellant In A Proper Perspective. B) That, The Ld. C.I.T.(A) Further Erred In Not Considering That Despite Details Provided & The Fact That No Long Term Capital Gain Was Claimed In Respect Of The Impugned Transaction Of Sale Of Shares Of M/S.

Section 250Section 5Section 68Section 69C

Securities Ltd. That the said scrip has not ever been declared by the Security Exchange Board of India (SEBI) as a penny stock company. That the assessee was bona fide purchaser of the said shares and that the long-term capital gain (‘LTCG’) earned by the assessee were genuine ... come to the knowledge of the assessee that the department was treating the shares of the said M/s GCM Securities Ltd. as a penny stock company, therefore, to avoid any type of litigation/penalty or any other harassment or any consequences, the assessee suo moto offered the profits earned

Dev Darshan Designs Pvt. Ltd., Kolkata vs. ITO, Ward 14(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 34/KOL/2024[2014-15]Status: DisposedITAT Kolkata15 May 2024AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.34/Kol/2024 Assessment Year: 2014-15 Dev Darshan Designs Pvt. Ltd.……….......................…...……………....Appellant P-40, 1St Floor, Kajinajrul Islam Avenue, Kolkata-700157. [Pan: Aadcd1890P] Vs. Ito, Ward-14(1), Kolkata….……............…..........................…..…..... Respondent Appearances By: Shri Sunil Surana, Ar, Appeared On Behalf Of The Assessee. Shri P. P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : April 09, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.11.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Confirmation Of Addition Of Rs.2,67,60,000/- Made By The Assessing Officer On Protective Basis In Respect Of The Loan Amount Received By The Assessee From One Of Its Director & His Relatives. 3. The Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year Under Consideration Declaring A Total

Section 143(2)Section 250Section 68

year under consideration. The Assessing Officer further noted that the LTCG earned by the said loan creditors were out of share transactions done in penny stock companies. He reached to the conclusion that the aforesaid LTCG earned by the loan creditors were bogus, which was the source of the loan

Shri Nilesh Haresh Parwani, Mumbai vs. The Assistant Commissioner of Income Tax-22(2), Mumbai

In the result, the appeal of the assessee is dismissed

ITA 2244/MUM/2023[2014-2015]Status: DisposedITAT Mumbai15 May 2024AY 2014-2015

Bench: Shri Vikas Awasthy & Shri Amarjit Singhshri Nilesh Haresh Vs. The Assistant Parwani, 501, Chumchum Commissioner Of Income Saraswati Road, Tax-22 (2) Santacruz West, Room No. 315, Piramal Mumbai – 400 064 Chamber, Lalbaug, Mumbai – 400 012 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Angpp1224L Appellant .. Respondent Appellant By : Sanjay Parikh Respondent By : Anil Sant Date Of Hearing 08.03.2024 Date Of Pronouncement 15.05.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac For A.Y. 2014-15. The Assessee Has Raised The Following Grounds Before Us: “A. Addition/Disallowance Of Short Term Capital Loss Rs.1,62,91,466/- 1. The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Cit(A)] Erred On Facts & In Law In Confirming The Addition/Disallowance Of Short Term Capital Loss Of Rs. 1,62,91,466/- As Made By The Assistant Commissioner Of Income Tax, 22(2), Mumbai (Ao). 2. While Confirming The Addition/Disallowance Of The Said Loss, The Learned Cit(A) Erred In Holding That The Appellant Had Not Made Out A Case As To How Such Huge Ltcg/Stcl Has Accrued To The Appellant From Shares Of The Company Named Global Infratech Ltd.

For Appellant: Sanjay ParikhFor Respondent: Anil Sant
Section 143(2)Section 69C

officer noticed that aforesaid scrip was mentioned in the report of the DDIT, Investigation, Kolkata under the titled Project Bogus ‘LTCG/STCL through BSE listed Penny Stocks. He further stated that assessee is a salaried employee and made investment in the aforesaid stock out of his savings. He also pointed ... that in such type of arrangement the purchases of shares are made by the bogus entities managed and control by the promoters of the penny stock company or the operator which are referred to as that exit providers. The AO has also discussed the facts relating to the background