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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

Income Tax Officer-1(1)(1), Mumbai vs. Sohni Depak Tanna, Mumbai

In the result appeal of the learned assessing officer and cross objections of the assessee are dismissed

ITA 2245/MUM/2022[2014-15]Status: DisposedITAT Mumbai30 Oct 2023AY 2014-15

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm C.O.No. 135/Mum/2022 (Assessment Year 2014-15) Sohni Dipak Tanna Ito 1(1)(1), Mumbai 2Nd Floor, Tanna House, 11A, 534, 5Th Floor, Aaykar Bhavan, Nathlal Parekh Marg, M. K. Road, Vs. Mumbai-400020 Mumbai-400001 (Appellant) (Respondent) Pan No. Acept3611J Sohni Dipak Tanna Ito 1(1)(1), Mumbai 2Nd Floor, Tanna House, 11A, 534, 5Th Floor, Aaykar Bhavan, Nathlal Parekh Marg, M. K. Road, Vs. Mumbai-400020 Mumbai-400001 (Appellant) (Respondent) Pan No. Acept3611J Assessee By : Shri. Madhur Agrawal & Pankaj Jain Revenue By : Shri. Kishor Dhule Date Of Hearing: 03.10.2023 Date Of Pronouncement : 30.10.2023

For Appellant: Shri. Madhur Agrawal & PankajFor Respondent: Shri. Kishor Dhule
Section 10Section 143Section 147Section 148Section 68

section 151 of the act.” 07. Assessee objected on 12 June 2019 to such reasons for reopening of assessment on following points:- i. Alleged price rigging stating that though the learned AO has stated that the alleged price rigging has been recorded from the report dated 13/12/2016 of the investigation ... action has also been taken either by securities and exchange board of India or Bombay stock exchange in respect of the said allegation of price rigging. Therefore the assessment A.Y. 2014-15 Sohni Dipak Tanna is reopened merely on the basis of the presumptions and surmises not on concrete evidences