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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

Income Tax Officer, Mumbai vs. Wasundhara Vinay Joshi, Powai

In the result, the appeal of the Revenue is dismissed

ITA 5907/MUM/2025[2016-17]Status: DisposedITAT Mumbai28 Nov 2025AY 2016-17

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2016-17 Income Tax Officer, Wasundhara Vinay Joshi, Room No. 830D, C-111, Sunrise Apts., 8Th Floor, Vs. Raheja Vihar, Kautilya Bhavan, Chandivali Farm Road, Bandra Kurla Complex, Chandivali, Bandra East, Mumbai-400007. Mumbai-400051. Pan : Afjpk0008C (Appellant) (Respondent) For Assessee : Shri Chetan Shinde For Revenue : Shri G.J. Ninawe, Sr.Dr Date Of Hearing : 26-11-2025 Date Of Pronouncement : 28-11-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 18-08-2025, Pertaining To Assessment Year (Ay) 2016-17, Wherein The Revenue Has Taken The Following Grounds Of Appeal: "1) Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs. 1,76,860/- U/S 69A Of The Income Tax Act, 1961 Without Considering The Fact That The Assessee Fail To Furnish Demat Account & Copy Of Bank Statement.

For Appellant: Shri Chetan ShindeFor Respondent: Shri G.J. Ninawe, Sr.DR
Section 139Section 147Section 148Section 69A

conclusion drawn. 3 4. Even assuming for a moment that Kyra Landscape Ltd., erstwhile Ancient Infra Ltd., could be categorised as a penny stock company and transactions therein invite closer scrutiny, the surrounding circumstances of this case do not justify the conclusion of bogus dealings. The Appellant is a professional ... given by the AO lacks due application of mind as no efforts have been made to establish that the company under reference is a penny stock company. Considering the circumstances and the inherent infirmities in the assessment order, I am inclined to hold that the addition made under Section

Hemlata Paresh Surana, Mumbai vs. ITO, Ward 19(1)(1), Mumbai

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

ITA 5770/MUM/2025[2018-19]Status: DisposedITAT Mumbai28 Nov 2025AY 2018-19

Bench: Shri Narender Kumar Choudhry, Jm Hemlata Paresh Surana I.T.O. Ward 19(1)(1), 4-A, 30-B, Taj Building, A. K. Mumbai Marg, Gowalia Tank, Mumbai Vs. – 400 036. Pan/Gir No. Abeps6199P (Appellant) : (Respondent) Assessee By : Shri R. M. Jain Respondent By : Shri Sandeep Jumale, Sr. Dr Date Of Hearing : 19.11.2025 Date Of Pronouncement : 28.11.2025 O R D E R Per Narender Kumar Choudhry, J M: This Appeal Has Been Preferred By The Assessee Against The Order Dated 24.07.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) 48, Mumbai (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2018-19. 2. In The Instant Case, The Assessee Has Sold 20,500 Shares Of Ammltd/Apu Marketing/Eject Marketing On A Total Consideration Of Rs. 14,92,810/- On Dated 01.02.2018 Through Online Platform/Bombay Exchange & Therefore Has Earned Long Term Capital Gain Of Rs. 12,87,180/- & Claimed The Same As Exempt U/S. 10(38) Of The Act. Hemlata Paresh Surana

For Appellant: Shri R. M. JainFor Respondent: Shri Sandeep Jumale, SR. DR
Section 10(38)Section 143(3)Section 147Section 148Section 250Section 68

total income of the Assessee, while relying on various judgements and by treating the share of such company as penny stock. 4. The Ld. Commissioner on appeal, affirmed the findings of the AO and the disallowance of deduction claimed to the tune of Rs. 1,28,71,810/- which ... same in the year 2005 for Rs.155.04/- per share. It was A.O.'s case that investigation has revealed that the scrip was a penny stock and the capital gain declared was held to be accommodation entries. A broker Basant Periwal & Co. (the said broker) through whom these transactions have been