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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

Assistant Commissioner of Income Tax, Gandhidham vs. Kamlesh Deoraj Jain, Gandhidham

In the result, the appeal of the Revenue is dismissed

ITA 594/RJT/2025[2017-18]Status: DisposedITAT Rajkot21 Jan 2026AY 2017-18

Bench: Dr. Arjun Lal Saini, Am. & Dr. Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No. 594/Rjt/2025 "नधा"रणवष" / Assessment Year: (2017-18) (Hybrid Hearing) Assistant Commissioner Of Income Vs. Kamlesh Deoraj Jain, Tax, Bbz-N-108, Khanna Market, Plot No. 20/A, Sector No. 8, Gandhidham, Gandhidham Gandhidham Gujarat 370201 Gujarat 370201 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adopj1769Q (Appellant) (Respondent) Appellant By : Shri Sunil Maloo, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav Ld. Sr. Dr Date Of Hearing : 01 / 12 /2025 Date Of Pronouncement : 21/ 01 /2026

For Appellant: Shri Sunil Maloo, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav Ld. SR. DR
Section 145(3)Section 147Section 148Section 250Section 68

present case, the AO after scrutiny of the transactions entered by the appellant with Ankur Chemford Ltd. has concluded that the transactions amounted to circular trading without any genuine business purpose, leading to the disallowance of purchases under section 68 of the Income-tax Act. 1961. AO observed that ... business. ACIT vs. Kamlesh Deoraj Jain AO has concluded that the transactions undertaken with M/s Ankur Chemfood Ltd. were in the nature of circular trading, lacking any genuine business purpose. Lack of actual movement of goods, and suspicious financial flows. These factors point to the absence of commercial substance, suggesting