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“circular trading”

Cash Credits & Unexplained ItemsSection 68Section 68323 judgments

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

Leading authorities on circular trading

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.

Celestial Aviation Trading 15 Ltd. v. ACIT
176 Taxmann.com 902 · Reported
92
citing judgments

Lease agreements are considered operating leases if they meet the criteria examined by the Tribunal, even when the Assessing Officer re-characterizes them as financial leases. The Tribunal's decision in Celestial Aviation Trading 15 Ltd. (supra) examined the terms and conditions of lease agreements and relevant circulars and precedents.

DCIT v. Sharp Mint Ltd.
159 Taxmann.com 1381 · 2024 · High Court
23
citing judgments

An ad hoc disallowance of purchases cannot be made if the corresponding sales have been accepted. Excluding both purchases and sales where transactions are fictitious would result in profits lower than the returned income.

Oriental Insurance Co. Ltd. v. DCIT
407 ITR 658 · 2018 · High Court
19
citing judgments

Income earned on sale or redemption of investments made by an insurance company is not necessarily business income and may be eligible for exemptions, even if the department contends the investments are stock-in-trade. The applicability of CBDT Circular No. 528 needs examination in such cases.

Pr.CIT v. Gaurav Bagaria
453 ITR 513 · 2023 · High Court
16
citing judgments

Transactions in shares are considered genuine if conducted through a recognized stock exchange with payments via account payee cheques, and the addition of sale proceeds as undisclosed income under section 68 is unjustified without contrary evidence.

Pr. CIT v. Prem Lal Gandhi
94 Taxmann.com 156 · 2018 · Reported
13
citing judgments

Gains arising on the sale of shares cannot be treated as sham solely because purchases were made in cash, if the surrounding facts and circumstances support the transaction.

Judgments citing circular trading

Blue Tech Mercantile Pvt Ltd., Mumbai vs. ITO Ward-6(1)(4), NFAC, Delhi

ITA 618/MUM/2023[201-14]Status: DisposedITAT Mumbai20 Sept 2023

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 617/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) & आयकर अपील सं/ I.T.A. No. 618/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No. 616/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Blue Tech Mercantile Pvt. बिधम/ Ito, Ward-6(1)(4)/Ao-Nfac Ltd. New Delhi. Vs. 6/10 Vijay Nagar Sangh, Shaikh Misree Road, Antop Hill, Mumbai-400037. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecb2778H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mahesh Saboo Revenue By: Shri Dharamvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 20/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 20.02.2023 For Ay. 2012-13, Ay. 2013-14 & Ay. 2017-18. 2. At The Outset, The Ld. Ar Of The Assessee Pointed Out That, Except For Variation In Figures, The Issue Permeating In All The Three (3) Assessment Years Are The Same. With The Consent Of Both The Parties, Ay 2012-13 Is Taken As The Lead Case, Result Of Which Shall Apply Mutatis Mutandis To The Other Two (2) Ays 2013-14 & 2017-18. 3. The Sole Grievance Of The Assessee Relates To The Ld. Cit(A)’S Action Of Confirming The Addition Made By Way Of Undisclosed

For Appellant: Shri Mahesh SabooFor Respondent: Shri Dharamvir D Yadav (Sr. DR)
Section 142(1)Section 147

conducted by the assessee during the year by way of share transactions were nothing but accommodation entries provided to ultimate beneficiaries by way of circular trading. From the limited information/details available with him, the AO inferred that the assessee had sold shares to the tune of A.Ys ... were furnished in support of sale and purchase of shares and despite the same the AO had treated the assessee to be engaged in circular trading and treated 1% of total debit and credit entries in the bank statement as income of the assessee. It has been submitted that

Blue Tech Mercantile Pvt Ltd., Mumbai vs. ITO Ward-6(1)(4), NFAC, Delhi

ITA 617/MUM/2023[2012-13]Status: DisposedITAT Mumbai20 Sept 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 617/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) & आयकर अपील सं/ I.T.A. No. 618/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No. 616/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Blue Tech Mercantile Pvt. बिधम/ Ito, Ward-6(1)(4)/Ao-Nfac Ltd. New Delhi. Vs. 6/10 Vijay Nagar Sangh, Shaikh Misree Road, Antop Hill, Mumbai-400037. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecb2778H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mahesh Saboo Revenue By: Shri Dharamvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 20/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 20.02.2023 For Ay. 2012-13, Ay. 2013-14 & Ay. 2017-18. 2. At The Outset, The Ld. Ar Of The Assessee Pointed Out That, Except For Variation In Figures, The Issue Permeating In All The Three (3) Assessment Years Are The Same. With The Consent Of Both The Parties, Ay 2012-13 Is Taken As The Lead Case, Result Of Which Shall Apply Mutatis Mutandis To The Other Two (2) Ays 2013-14 & 2017-18. 3. The Sole Grievance Of The Assessee Relates To The Ld. Cit(A)’S Action Of Confirming The Addition Made By Way Of Undisclosed

For Appellant: Shri Mahesh SabooFor Respondent: Shri Dharamvir D Yadav (Sr. DR)
Section 142(1)Section 147

conducted by the assessee during the year by way of share transactions were nothing but accommodation entries provided to ultimate beneficiaries by way of circular trading. From the limited information/details available with him, the AO inferred that the assessee had sold shares to the tune of A.Ys ... were furnished in support of sale and purchase of shares and despite the same the AO had treated the assessee to be engaged in circular trading and treated 1% of total debit and credit entries in the bank statement as income of the assessee. It has been submitted that

Blue Tech Mercantile Pvt Ltd., Mumbai vs. ITO Ward-6(1)(4), NFAC, Delhi

ITA 616/MUM/2023[2017-18]Status: DisposedITAT Mumbai20 Sept 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 617/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) & आयकर अपील सं/ I.T.A. No. 618/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No. 616/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Blue Tech Mercantile Pvt. बिधम/ Ito, Ward-6(1)(4)/Ao-Nfac Ltd. New Delhi. Vs. 6/10 Vijay Nagar Sangh, Shaikh Misree Road, Antop Hill, Mumbai-400037. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecb2778H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mahesh Saboo Revenue By: Shri Dharamvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 20/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 20.02.2023 For Ay. 2012-13, Ay. 2013-14 & Ay. 2017-18. 2. At The Outset, The Ld. Ar Of The Assessee Pointed Out That, Except For Variation In Figures, The Issue Permeating In All The Three (3) Assessment Years Are The Same. With The Consent Of Both The Parties, Ay 2012-13 Is Taken As The Lead Case, Result Of Which Shall Apply Mutatis Mutandis To The Other Two (2) Ays 2013-14 & 2017-18. 3. The Sole Grievance Of The Assessee Relates To The Ld. Cit(A)’S Action Of Confirming The Addition Made By Way Of Undisclosed

For Appellant: Shri Mahesh SabooFor Respondent: Shri Dharamvir D Yadav (Sr. DR)
Section 142(1)Section 147

conducted by the assessee during the year by way of share transactions were nothing but accommodation entries provided to ultimate beneficiaries by way of circular trading. From the limited information/details available with him, the AO inferred that the assessee had sold shares to the tune of A.Ys ... were furnished in support of sale and purchase of shares and despite the same the AO had treated the assessee to be engaged in circular trading and treated 1% of total debit and credit entries in the bank statement as income of the assessee. It has been submitted that