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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

Rupal Kashyap Mehta, Mumbai vs. ITO, Ward 21 (3)(1), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 1235/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Jul 2022AY 2011-12

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am 1. आयकरअपीलसं./ I.T.A. No. 1235/Mum/2019 (ननधधारणवर्ा / Assessment Year: 2011-12) Ito, Ward 21(3)(1), Rupal Kahyap Mehta Income Tax Office, 26/27, A Wing, Ahuja Towers, बनाम/ Piramal Chambers, Dr. Raja Bhau Desai Road, Vs. Ss Roa Marg, Parel, Prabhadevi, Mumbai-400 025 Mumbai-400 012 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Agrpm5338E (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Vinod Kumar Bindal, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Smt. Mahita Nair, Ld. Dr सुनवधईकीतधरीख/ : 04.07.2022 Date Of Hearing घोर्णधकीतधरीख / : 28.07.2022 Date Of Pronouncement

For Appellant: Shri Vinod Kumar Bindal, LdFor Respondent: Smt. Mahita Nair, Ld. DR
Section 10(38)Section 127Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 153ASection 68

recorded on the basis 3 I.T.A. No. 1235/Mum/2019 Rupal Kashyap Mehta of information that assessee has taken Long Term Capital Gain on alleged penny stock. The reasons recorded by the AO are as under:- “Information has been received from the Directorate of Investigation that an organized /racket of generating bogus ... entries of LTCG in penny stocks have been unearthed as a result of investigation carried out throughout the country. As a result of this investigation, one of the beneficiary who have taken bogus entries of LTCG amounting to Rs.5,79,10,300/- have been identified as RUPAL K. MEHTA having

ITO Ward 12(3)(3), Mumbai vs. M/S Mahavir Investments & Consultancy Pvt Ltd., Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 1205/MUM/2020[2011-12]Status: DisposedITAT Mumbai07 Jun 2022AY 2011-12

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleito, Ward – 12(3)(3) Vs. M/S. Mahavir 224, 2Nd Floor, Aayakar Investments & Bhavan, Mk Road, Consultancy Pvt Ltd., Mumbai – 400020. Gokul Bldg, Shop No. 4, Shimpoli Road, Borivali (W), Mumbai – 400092 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccm6358E Appellant .. Respondent Appellant By : Ms.Kavita Kaushik.Dr Respondent By : Mr.Arpan Mehta.Ar Date Of Hearing 08.06.2022 Date Of Pronouncement 17.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-20, Mumbai Passed U/S 143(3) R.W.S 147 & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Ms.Kavita Kaushik.DRFor Respondent: Mr.Arpan Mehta.AR
Section 133(6)Section 143(2)Section 143(3)Section 148

find as per the information received from the CBDT, New Delhi and DDIT (Inv), Thane that the assessee is beneficiary of one of the penny stock M/s Mahavir Investments & Consultancy, Mumbai KCLIPL and that the company has admitted the market price of KCLIPL share was manipulated deliberately by some ... made the addition. M/s Mahavir Investments & Consultancy, Mumbai 6. Contra, the Ld. AR submitted that the AO has recorded the reasons in respect of penny stock and made an addition considering the fact that it is a client code manipulation (CCM) and supported the order

Vimla Babulal Khandelwal, Mumbai vs. Pr CIT-17, Mumbai

In the result, all the three appeals filed by the assessee are allowed

ITA 1186/MUM/2021[2014-15]Status: DisposedITAT Mumbai19 May 2022AY 2014-15

Bench: Shri Sanjay Garg & Shri Om Prakash Kanti.T.A. Nos.1184,1185&1186/Mum/2021 Assessment Years: 2011-12, 2012-13 & 2013-14 Vimla Babulal Khandelwal..……..….……..….…..………………….……Appellant Narayan Plaza, 135, Ram Mandir Road, Oshiwara, Nr. Singh Industrial Estate, Goregaon (W) Mumbai-400104. [Pan: Adopk3702A] Vs. Pcit, Mumbai-17………………………….…………...……………..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Achal Sharma, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 12, 2022 Date Of Pronouncing The Order : May 19, 2022 Order Per Sanjay Garg:

Section 10(38)Section 143(3)Section 263Section 263(2)Section 68

bogus Long Term Capital Gains (LTCG) U/s 68 of the Act on the basis that the assessee had traded in penny stock i.e. scrip "M/s Nouveau Multimedia Ltd." having total sale consideration 35,31,200/- and resulting total LTCG of Rs. 33,02,340/- which was claimed by the assessee ... long-term capital gain 2 I.T.A. Nos.1184,1185&1186/Mum/2021 Assessment Years: 2011-12, 2012-13 & 2013-14 Vimla Babulal Khandelwal on sale of penny stock and not entire sale proceeds on the ground that the underlying transaction itself was not genuine. The ld. PCIT further observed that the Assessing Officer

Vimla Babulal Khandelwal, Mumbai vs. Pr CIT-17, Mumbai

In the result, all the three appeals filed by the assessee are allowed

ITA 1185/MUM/2021[2013-14]Status: DisposedITAT Mumbai19 May 2022AY 2013-14

Bench: Shri Sanjay Garg & Shri Om Prakash Kanti.T.A. Nos.1184,1185&1186/Mum/2021 Assessment Years: 2011-12, 2012-13 & 2013-14 Vimla Babulal Khandelwal..……..….……..….…..………………….……Appellant Narayan Plaza, 135, Ram Mandir Road, Oshiwara, Nr. Singh Industrial Estate, Goregaon (W) Mumbai-400104. [Pan: Adopk3702A] Vs. Pcit, Mumbai-17………………………….…………...……………..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Achal Sharma, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 12, 2022 Date Of Pronouncing The Order : May 19, 2022 Order Per Sanjay Garg:

Section 10(38)Section 143(3)Section 263Section 263(2)Section 68

bogus Long Term Capital Gains (LTCG) U/s 68 of the Act on the basis that the assessee had traded in penny stock i.e. scrip "M/s Nouveau Multimedia Ltd." having total sale consideration 35,31,200/- and resulting total LTCG of Rs. 33,02,340/- which was claimed by the assessee ... long-term capital gain 2 I.T.A. Nos.1184,1185&1186/Mum/2021 Assessment Years: 2011-12, 2012-13 & 2013-14 Vimla Babulal Khandelwal on sale of penny stock and not entire sale proceeds on the ground that the underlying transaction itself was not genuine. The ld. PCIT further observed that the Assessing Officer

Vimla Babulal Khandelwal, Mumbai vs. Pr CIT-17, Mumbai

In the result, all the three appeals filed by the assessee are allowed

ITA 1184/MUM/2021[2011-12]Status: DisposedITAT Mumbai19 May 2022AY 2011-12

Bench: Shri Sanjay Garg & Shri Om Prakash Kanti.T.A. Nos.1184,1185&1186/Mum/2021 Assessment Years: 2011-12, 2012-13 & 2013-14 Vimla Babulal Khandelwal..……..….……..….…..………………….……Appellant Narayan Plaza, 135, Ram Mandir Road, Oshiwara, Nr. Singh Industrial Estate, Goregaon (W) Mumbai-400104. [Pan: Adopk3702A] Vs. Pcit, Mumbai-17………………………….…………...……………..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Achal Sharma, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 12, 2022 Date Of Pronouncing The Order : May 19, 2022 Order Per Sanjay Garg:

Section 10(38)Section 143(3)Section 263Section 263(2)Section 68

bogus Long Term Capital Gains (LTCG) U/s 68 of the Act on the basis that the assessee had traded in penny stock i.e. scrip "M/s Nouveau Multimedia Ltd." having total sale consideration 35,31,200/- and resulting total LTCG of Rs. 33,02,340/- which was claimed by the assessee ... long-term capital gain 2 I.T.A. Nos.1184,1185&1186/Mum/2021 Assessment Years: 2011-12, 2012-13 & 2013-14 Vimla Babulal Khandelwal on sale of penny stock and not entire sale proceeds on the ground that the underlying transaction itself was not genuine. The ld. PCIT further observed that the Assessing Officer