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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

Himanshu Goyal, Dhamtari vs. Pr. CIT-1, Raipur

In the result legal grounds raised by the assessee under present appeal is allowed

ITA 144/RPR/2022[2012-13]Status: DisposedITAT Raipur25 Oct 2023AY 2012-13

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.144/Rpr/2022 (Assessment Years: 2012-2013) Himanshu Goyal, Vs Pr.Cit, Raipur-1, Raipur Nawagaon Road, Dhamtari, 793773, (C.G.) Pan No. :Agtpg1746Q (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती क" ओर से /Assessee By : Shri Praveen Khandelwal & Praveen Goyal, Cas राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 09/10/2023 घोषणा क" तार"ख/Date Of Pronouncement : 25/10/2023 आदेश / O R D E R

For Appellant: Shri Praveen KhandelwalFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 143Section 263

reasons recorded u/s.147 of the Act, it is stated that the assessee is one of the beneficiaries of accommodation entry in trading in penny stock company namely, M/s DLS Exports Pvt. Ltd.. The assessee has also vide his letter dated 26.12.2019 filed objection to the reasons recorded that ... DDIT (Inv). Unit- 2(l), Kolkata has sent another information stating that the assessee is beneficiary of accommodation entry in trading in a penny stock company namely M/s 21st Century (India) Ltd. Further it is mentioned that the information was overlooked during assessment proceedings. It was the submission

Vivek Raghu Shetty, Mumbai vs. Asstt CIT Circle-32(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 978/MUM/2022[2011-12]Status: DisposedITAT Mumbai23 Oct 2023AY 2011-12

Bench: Shri Kuldip Singh & Shri Amarjit Singhvivek Raghu Shetty Vs. Asst. Commissioner Of 1/1, Shrinagar Building, Income-Tax Circle-32(3) Chandavarker Road, M.K. Road, New Marine Borivali (West), Lines, Churchgate, Mumbai – 400092 Mumbai- 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaeps2750D Appellant .. Respondent [ Appellant By : Anuj Kisnadwala Respondent By : Ajeya Kumar Ojha Date Of Hearing 19.10.2023 Date Of Pronouncement 11.12.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 11.03.2022 For A.Y. 2011-12. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Cit (A) Has Erred In Law & On Facts In Confirming The Contention Of Assessing Officer That Shares Of M/S Comfort Intec Ltd Is A Penny Stock. 2. The Learned Cit (A) Has Erred In Not Considering The Fact That The Appellant Is Engaged In Business Of Trading In Shares & Offered The Income Generated From The Same Under The Head Of 'Profit & Gain From Business & Profession & Not Claimed Benefit Of Exemption Under Long Term Capital Gain. 3. The Learned Cit (A) Has Erred In Law & On Facts In Not Deleting Addition Of Entire Sale Consideration Amounting To Rs.20,46,524/- Made By The Assessing Officer U/S. 68 Of The Act Alleging The Same To Be Transaction In Penny Stock.

For Appellant: Anuj KisnadwalaFor Respondent: Ajeya Kumar Ojha
Section 143(1)Section 147Section 148Section 68Section 69C

erred in law and on facts in confirming the contention of Assessing Officer that shares of M/s Comfort Intec Ltd is a Penny Stock. 2. The learned CIT (A) has erred in not considering the fact that the appellant is engaged in business of trading in shares and offered ... sale consideration amounting to Rs.20,46,524/- made by the Assessing Officer u/s. 68 of the Act alleging the same to be transaction in penny stock. P a g e | 2 Vivek Raghu Shetty Vs. ACIT, Circle 32(3) 4. The learned CIT (A) has erred

Sovna Chandak, Rourkela vs. Ward-2, Rourkela

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 266/CTK/2023[ASST YEAR 2015-16]Status: HeardITAT Cuttack17 Oct 2023

Bench: Before Shri George Mathan, Judicialassessment Year : 2015-16 Sovna Chandak, M/S. Sovna Chandak, M/S. Hathi Vs. Ito, Ward Ito, Ward-2, Rourkela Industries, Industries, Udit Uditngar, Rourkela. Pan/Gir No. Pan/Gir No.Aatpr 3275 M (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri M.R.Sahu, Ca M.R.Sahu, Ca Revenue By : Shri Charan Dass, : Shri Charan Dass, Sr Dr Date Of Hearing : 17/10 10/2023 Date Of Pronouncement : 17/10 : 17/10/2023 O R D E R This Is An Appeal Filed By The Assessee Aga This Is An Appeal Filed By The Assessee Against The Order Of The Ld Inst The Order Of The Ld Cit(A), Nfac, Delhi Cit(A), Nfac, Delhi Dated 19.6.2023 In Appeal No.Itba/Nfac/S/250/2023 Itba/Nfac/S/250/2023- 24/1053792553(1) 24/1053792553(1) For The Assessment Year 2015-16. 16. 2. Shri M.R.Sahu, Ca Appeared For The Shri M.R.Sahu, Ca Appeared For The Assessee & Shri Charan Dass, Assessee & Shri Charan Dass, Ld Sr Dr Appeared For The Revenue. Ld Sr Dr Appeared For The Revenue.

For Appellant: Shri M.R.Sahu, CAFor Respondent: Shri Charan Dass
Section 10(38)Section 127Section 143(2)Section 292B

capital gains claimed as exempt by the assessee u/s.10(38) of the Act in respect of the transaction relating to alleged penny stock being Jackson Investments Limited. It was the submission that neither the statement of the person who alleged the Jackson Investments Ltd., as penny stock has been ... None of these statements were put to the assessee nor produced before the Tribunal. The assessment order is nothing but a thesis on how penny stock transactions are done. No reference of the statement where the assessee’s name is referred to has been produced. The assessee’s transactions have