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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

Vipinlumar Sanklecha, Mumbai vs. ITO Ward 16 (3)(5), Mumbai

In the result, the appeal of the assessee is allowed

ITA 6612/MUM/2019[2011-12]Status: DisposedITAT Mumbai29 Dec 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.6612/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2011-12) Vipinkumar Sanklecha बिधम/ Ito, Ward-16(3)(5) Room No. 447, 4Th Floor, A/303, Bhattad Tower, Opp. Vs. Kora Kendra Ground, R. M. Aayakar Bhavan, M. K. Bhattad Road, Borivali (W), Road, Mumbai-400020. Mumbai-400092. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aayps5062N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ajay Singh Revenue By: Shri Mahender Ahuja सुनवाई की तारीख / Date Of Hearing: 21/11/2022 घोषणा की तारीख /Date Of Pronouncement: 29/12/2022 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)-07, Mumbai Dated 02.08.2019 For The Assessment Year 2011-12. 2. At The Outset, The Ld. Ar Drew Our Attention To Ground Nos. 1 & 2 Which Are The Legal Issues Raised By The Assessee Against The Action Of The Ao To Have Reopened The Assessment Without Satisfying The Condition Precedents As Laid Down U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) As Well As For Not Following The Hon’Ble Supreme Court As Well The Hon’Ble Bombay High Court Decision Cited By Him. The Ground Nos. 1, 2 & 3.1 Reads As Under: - “1. The Id. Cit (A) Erred In Confirming The Reopening Of Assessment Without Appreciating That The Reopening Of The Assessment Is Bad In Law, Invalid & Liable To Be Quashed In As Much As:

For Appellant: Shri Ajay SinghFor Respondent: Shri Mahender Ahuja
Section 143Section 147Section 148Section 68

Mumbai-38, vide their letter dated 23.03.2018 wherein stated that M Nivyah Infrastructure & Telecom Services Ltd (formerly known as S V Electricals) is a penny stock listed on BSE with scrip code (517534) and this company has been used to (facilitate introduction of unaccounted income of members of beneficiaries ... been received from DDIT (Inv.) Unit-8(3), Mumbai vide letter dated 23/03/2018 wherein stated that M/s Nivyah Infrastructure & Telecom Services Ltd is a penny stock listed on BSE with scrip code (517534) and this company has been used to facilitate introduction of unaccounted income of members of beneficiaries

Alpana Sunil Shah, Mumbai vs. The CIT NFAC, Mumbai

In the result, appeal of the assessee is allowed

ITA 2305/MUM/2021[2011-12]Status: DisposedITAT Mumbai22 Dec 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2305/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2011-12) Alpana Sunil Shah बिधम/ Commissioner Of Income 23L/12Th Floor, Navjivan Tax (Appeals) Vs. Commercial Co-Op Society National Faceless Appeal Ltd, Dr. D.B. Marg, Centre (Nfac), Delhi. Mumbai Central, Mumbai- 400008. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaeps9752R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 29/11/2022 घोषणा की तारीख /Date Of Pronouncement: 22/12/2022 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/Nfac, Delhi Dated 30.09.2021 For Assessment Year 2011-12. 2. None Appeared For The Assessee. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition On Account Of Sale Of Shares As Unexplained Money U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Of Rs.1,41,761/- & Commission On It To The Tune Of Rs.2,835/-. The Assessee /Alpana Sunil Shah Is Carrying On The Business Of Trading & Investments In Shares, Bonds, Debentures, Securities & Financial Instruments. The Assessee Had E-Filed Its Return Of Income For The Previous Year Ended On March 31, 2011 Relevant To Ay. 2011-12 On March 15, 2012, Declaring

For Appellant: NoneFor Respondent: Smt. Nayana K. Kumar
Section 148Section 68

traded in stock of M/s G. S. Auto International Ltd. (in short “GSAIL) and that he received information that M/s. GSAIL is a penny-stock listed on BSE and this scrip was being traded in highly suspicious manner. According to AO, the sharp rise in the market price ... entity is not supported by the financial fundamentals of the company and the ibid share is one of the penny stocks whose prices were rigged to gain huge profit/loss through manipulated affairs. And the AO noticed that the assessee has traded in this shares and the total trade value