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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

Preeti Pankaj Agarwal, Mumbai vs. Income Tax Officer 21(2)(5), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1145/MUM/2023[2011-2012]Status: DisposedITAT Mumbai26 Jul 2023AY 2011-2012

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1145/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Preeti Pankaj Agarwal बिधम/ Ito-21(2)(5) 7A, Pankaj Mansion, 8, Dr. Piramal Chambers, Vs. Annie Besant Road, Worli, Mumbai-400012. Mumbai-400018. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Afxpa4228C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hiten Vasant Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 28/06/2023 घोषणा की तारीख /Date Of Pronouncement: 26/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 17.02.2023 For Ay. 2011-12. 2. At The Outset, The Ld. Ar Assails, The Action Of Ld. Cit(A) Confirming The Action Of Ao Making Addition Of Rs. 1,55,500/- & Rs. 7,775/- On Purchase & Sale Of Shares Of M/S Sve Resources Ltd. 3. Brief Facts Are That The Assessee Is An Individual Had Filed Her Original Return Of Income On 28.09.2011 Declaring Total Income Of Rs. Nil For Ay. 2011-12. Later, The Case Of The Assessee Was Reopened By Issuance Of Notice U/S 148 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Dated 30.03.2018 On The Ground That The Assessee Had Transacted In The Penny-Stock Named M/S. Svc Resources Ltd. & Ao After Re-Opening The Assessment, Heard The Assessee & Not Satisfied With The Replies Of Assessee Made An Addition Of Rs.1,55,500/-

For Appellant: Shri Hiten VasantFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 148Section 68

notice u/s 148 of the Income Tax Act, 1961 (hereinafter “the Act”) dated 30.03.2018 on the ground that the assessee had transacted in the penny-stock named M/s. SVC Resources Ltd. And AO after re-opening the assessment, heard the assessee and not satisfied with the replies of assessee made ... this was due to minor market fluctuation and cannot by any stretch of imagination be termed as accommodation entry or assessee intentionally indulged in penny-stock transaction. It was pointed out that the purchase and sale of this shares within a span of 3 days took place in the Bombay

Sanchit Vinod Jain, Mumbai vs. National Faceless Assessment Centre, Delhi

In the result, the appeal of the assessee is allowed

ITA 1287/MUM/2023[2014-2015]Status: DisposedITAT Mumbai24 Jul 2023AY 2014-2015

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 1287/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Sanchit Vinod Jain बिधम/ National Faceless 601, Shrimad Darshan, Shri Assessment Centre, Delhi. Vs. Rajchandra Mandir Marg, Ghatkopar, Mumbai- 400077. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. Ajlpj4491L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Akshay Jain/Mahaveer Jain Revenue By: Shri Ram Krishna Kedia (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 05/07/2023 घोषणा की तारीख /Date Of Pronouncement: 24/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 21.02.2023 For Ay. 2014-15 Confirming The Action Of The Ao Levying Penalty U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Of Rs.11,088/-. 2. Brief Facts Regarding Penalty Levied Is That The Assesse Had Filed The Return Of Income Of Rs.11,64,790/-. The Assessment Was Completed U/S 143(3) Of The Act At An Income Of Rs.12,00,671/- After Making An Addition U/S 68 Of The Act To The Tune Of Rs.35,884/-. The Addition Of Rs.35,884/- Was Because During The Course Of Assessment Proceedings, It Was Observed By Ao That Assessee Had Invested In Alleged Penny Stock Scrip Of M/S Sun Asian; & Has Derived Income By Way Of Sale Of The Such Scrip Of M/S Sun Asian Of 2800 Shares For A Total Consideration Of Rs.13,60,884/-.On Being Asked, The Assessee

For Appellant: Shri Akshay Jain/Mahaveer JainFor Respondent: Shri Ram Krishna Kedia (Sr. AR)
Section 10(38)Section 143(3)Section 271(1)(c)Section 68

addition of Rs.35,884/- was because during the course of assessment proceedings, it was observed by AO that assessee had invested in alleged penny stock scrip of M/s Sun Asian; and has derived income by way of sale of the such scrip of M/s Sun Asian of 2800 shares ... under IDS, but not the full sale consideration of Rs.13,60,884/-. Thus the AO treated the entire sale proceeds pertaining to the penny stock scrip as bogus by holding that the scrips traded by the assessee and exit entry providers are directly linked to assessee [since they purchased