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“price rigging”

Cash Credits & Unexplained ItemsSection 68Section 68473 judgments

The decision most relied on for price rigging is Sanjay Bimalchand Jain v. PCIT-1, Nagpur (89 Taxmann.com 196), cited in 251 judgments on BharatTax.

Leading authorities on price rigging

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.

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.

Delhi in Suman Poddar v. Income Tax Officer 99
112 Taxmann.com 330 · 2019 · Supreme Court
138
citing judgments

Exemption under Section 10(38) is not allowable for long-term capital gains arising from bogus share transactions involving penny stocks or manipulative dealings. The Income Tax Department can establish such a case based on the preponderance of probabilities where there is no genuine financial worth.

Suman Poddar v. ITO
423 ITR 480 · 2020 · High Court
84
citing judgments

The Assessing Officer's detailed findings regarding bogus long-term capital gains from penny stock transactions, established through objective examination of facts and circumstantial evidence, should not be overturned by appellate authorities without a thorough investigation or fresh inquiry.

PCIT v. Smt. Renu Aggarwal
456 ITR 249 · 2023 · Supreme Court
57
citing judgments

Additions for alleged bogus long term capital gain from penny stocks are not sustainable if based solely on third-party statements without establishing the assessee's direct nexus to price rigging, especially when share transactions are through banking channels and held for a reasonable period.

6. CIT v. Jasvinder Kaur
54 Taxmann.com 10 · 2015 · High Court
57
citing judgments

The Assessing Officer must provide the assessee with contrary material if they dispute the genuineness of long-term capital gains claimed under section 10(38). The onus is on the revenue to prove the transaction is a colourable device.

PCIT v. Parasben Kasturchand Kochar
130 Taxmann.com 176 · 2021 · High Court
54
citing judgments

This case establishes principles for evaluating the genuineness of long-term capital gains claimed under Section 10(38), particularly when allegations of bogus transactions, price rigging, or penny stock schemes arise. It clarifies the department's burden of proof in demonstrating, based on a preponderance of probability, that an assessee used a colourable device to claim exempt income.

Pratik Suryakant Shah v. ITO
77 Taxmann.com 260 · 2017 · ITAT
48
citing judgments

The exemption for long-term capital gains under Section 10(38) is deniable where gains arise from bogus penny stock transactions, if the fraudulent nature is established by the revenue through a preponderance of probability, often involving evidence of price rigging and the role of entry operators. This applies even if documentary evidence like contract notes is presented.

Judgments citing price rigging

Manish Devendrakumar Shah, Ahmedabad vs. The ITO, Ward-5(3)(1), Ahmedabad

The appeal of the assessee is allowed in full

ITA 918/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.918/Ahd/2024 िनधा"रण वष" /Assessment Year : 2014-15 Manish Devendrakumar Shah The Ito बनाम/ 206, 2Nd Floor, Kalash 1 Ward-5(3)(1) V/S. Navrangpura Ahmedabad Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aqjps 4226 K (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri S.N. Divatia, Ar & Shri Samir Vora, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 20 /02/2025 घोषणा की तारीख /Date Of Pronouncement: 25/02/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri S.N. Divatia, AR &For Respondent: Shri Rignesh Das, Sr.DR
Section 10(38)Section 143(1)Section 147Section 250Section 68

concluding that the assessee failed to justify his investment in a company with no business operations, the assessee was aware of price rigging as he purchased shares through preferential allotment, the price spike was unnatural, indicating manipulation. The CIT(A) relied on judicial precedents, such as, Swati Bajaj (Calcutta High ... that the shares were acquired through preferential allotment from the company itself and not through off- market transactions, thereby ruling out the possibility of price rigging by the assessee. The shares were subject to a mandatory lock-in period, further reinforcing the claim that the transaction was genuine. The assessee

ACIT, CC- 18, New Delhi vs. Shrey Properties Pvt. Ltd., New Delhi

Appeal is dismissed

ITA 5182/DEL/2017[2011-12]Status: DisposedITAT Delhi19 Feb 2025AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2014-15 Vs. National Rupali Gupta, Faceless Appeal 273, Budhana Gate, Meerut, Centre, Delhi Uttar Pradesh Pan: Ajcpg6194L (Appellant) (Respondent) Assessee By None Department By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 13.10.2025 Date Of Pronouncement 13.10.2025 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2014-15, Arises Against The Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre [In Short, The “Cit(A)/Nfac”], Delhi’S Din & Order No. Itba/Nfac/S/250/2024-25/1068639287(1), Dated 12.09.2024 Involving Proceedings Under Section 147 R.W.S. 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Case Called Twice. None Appears At The Assessee’S Behest. She Had Also Not Put In Appearance On All The Earlier Five Opportunities Of Hearing As Well. The Assessee Is Accordingly Proceeded Ex-Parte. 2. It Next Transpires With The Able Assistance Coming From The Revenue Side That Both The Learned Lower Authorities Have Inter Alia Treated The Assessee’S Alleged Capital Gains Derived From Sale Of Shares Amounting To Rs.48,28,090/- As Bogus Followed By 5% Commission Expenditure Thereupon Coming To Rs.2,41,405/- As Unexplained Under Section 69C; Respectively, In Assessment Order Dated 28Th March, 2022 & Upheld In The Lower Appellate Discussion, As Followed: “4. The Present Appeal Was Filed By The Appellant On 21.04.2022 By Raising 20 Grounds Of Appeal. During The Course Of Appeal Proceedings, Hearing Notices Were Sent On 15.07.2024, 01.08.2024 & 20.08.2024. In Response To The Notices Issued The Appellant Filed Only A Brief Written Submission As Under:

Section 147Section 68Section 69C

this appeal.” 3. It has come on record that the department’s investigation wing has found several evidence that there had been an artificial price rigging involving M/s. Presha Metallurgical Ltd. And also that the market regulator, namely, Stock Exchange Board of India “SEBI” had further levied penalty of Rs.3

The DCIT, Central Circle-1(1), Ahmedabad vs. Shri Rajendra J Keshwani (HUF), Ahmedabad

The appeal of the Revenue is dismissed

ITA 30/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad18 Feb 2025AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.30/Ahd/2021 िनधा"रण वष" /Assessment Year : 2015-16 The Dcit Shri Rajendra J. Keshwani बनाम/ Central Circle-1(1) (Huf) V/S. Ahmedabad-380 009 44, Asopalav Bungalows Nr.Muktidham Jain Temple Thaltej, Ahmedabad "थायी लेखा सं./Pan: Aaehk 1973 J अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri Kavan Limbasiya, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12/02/2025 घोषणा की तारीख /Date Of Pronouncement: 18/02/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri M.K. Patel, AdvocateFor Respondent: Shri Kavan Limbasiya, Sr.DR
Section 10(38)Section 143(1)Section 143(2)Section 68

approach, including blind reliance on third-party reports without case-specific evidence, failure to establish any link between the appellant and alleged price rigging and disregard for substantial documentary evidence supporting the genuineness of the LTCG claim. 5. Not satisfied with the order of the CIT(A), the revenue preferred ... general observations regarding penny stock manipulation, without establishing any link between the assessee and such activities. Mere stock price fluctuations, without direct evidence of price rigging or collusion, cannot justify an addition under Section 68 of the Act. The Hon’ble Gujarat The DCIT vs. Shri Rajendra J. Keshwani

DCIT, Central Circle-1(1), Ahmedabad vs. Smt. Denisha Rajendra Keshwani, Ahmedabad

Appeal is dismissed

ITA 39/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad06 Feb 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.39/Ahd/2021 िनधा"रण वष" /Assessment Year : 2015-16 The Dcit Smt. Denisha Rajendra बनाम/ Central Circle-1(1) Keshwani V/S. Ahmedabad – 380 009 44, Asopalav Bungalows Nr.Muktidham Temple Thaltej, Ahmedabad – 380 054 (Gujarat) "थायी लेखा सं./Pan: Ahzpk 0889 K (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Mehul K. Patel, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 30/01/2025 घोषणा की तारीख /Date Of Pronouncement: 06/02/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: The Present Appeal Has Been Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals)-11, Ahmedabad [Hereinafter Referred To As “Cit(A)”], Dated 22.01.2021, For The Assessment Year (Ay) 2015-16, Wherein The Cit(A) Has Deleted The Addition Of Rs.1,17,78,534/- Made Under Section 68 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] By The Dy. Commissioner Of Income Tax, Central Circle – 1(1), Dcit Vs. Smt. Denisha Rajendra Keshwani Asst. Year : 2015-16

For Appellant: Shri Mehul K. Patel, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 127Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 68

failed to rebut them with substantive material. The AO has neither examined the counterparty to establish collusion nor provided any direct evidence of price rigging. The addition, therefore, appears to be made on the basis of suspicion and generalization rather than concrete facts. 10.9. Considering the above facts