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“Section 10(38)”

Section References (mined)Section 10Section 10(38)1,694 judgments

The decision most relied on for Section 10(38) is (Central)-1 v. NRA Iron & Steel (P) Ltd. (103 Taxmann.com 48), cited in 696 judgments on BharatTax.

Leading authorities on Section 10(38)

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

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.

CIT v. Gopal Purohit
336 ITR 287 · 2011 · High Court
254
citing judgments

The gain from delivery-based share transactions, where shares are consistently treated as investments and valued at cost in the books, is assessable as capital gains and not business income. An assessee's consistent stand on classifying share transactions should generally be followed by the assessing officer in subsequent years.

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.

Jai Steel (India) v. ACIT
259 CTR 281 · 2013 · High Court
224
citing judgments

Under Section 153A, for completed assessments (under Section 143(1) or 143(3)) where no incriminating material is found during a search under Section 132, the Assessing Officer cannot make additions to the income already assessed. Additions are only permissible if based on undisclosed income or assets discovered during the search.

Judgments citing Section 10(38)

Income Tax Officer Ward-1 Himatnagar, Himatnagar vs. Kalidas Jivabhai Patel, Himatnagar

In the result the appeal filed by the Revenue is dismissed and the Cross-Objection filed by the assessee is dismissed as not pressed

ITA 934/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad18 Jun 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.934/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 The Income Tax Officer, Kalidas Jivabhai Patel, Ward-1, बनाम/ Asian Parivar, V/S. Himatnagar. Nr. Mahakali Mandir Road, Himatnagar-383001. "थायी लेखा सं./Pan: Accpp5913D & C.O No.18/Ahd/2024 In आयकर अपील सं /Ita No.934/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Kalidas Jivabhai Patel, The Income Tax Officer, Asian Parivar, बनाम/ Ward-1, V/S. Nr. Mahakali Mandir Road, Himatnagar. Himatnagar-383001. "थायी लेखा सं./Pan: Accpp5913D

For Appellant: Shri Vartik Chokshi with Shri Biren Shah, ARsFor Respondent: Shri Durga Dutt, CIT-DR
Section 143(1)Section 144BSection 147Section 148Section 148ASection 69

twelve months prior to their sale. Hence, the Assessing Officer concluded that the condition of long-term holding required for claiming exemption under section 10(38) was not fulfilled in respect of these additional shares. The Assessing Officer further noted that the sale transactions were executed through synchronized trading between ... questioned the genuineness of the original acquisition of shares by the father and doubted the eligibility of the capital gains for exemption under section 10(38), particularly in respect of additional shares allotted on amalgamation which were sold within twelve months. IT No.934/Ahd/2024 with C.O No.18-Ahd-2024 ITO vs. Kalidas

ACIT, Circle, Mumbai, Piramal Chamber vs. Abhishek Rajendrakumar Mundra, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 3929/MUM/2024[2016-17]Status: DisposedITAT Mumbai16 Jun 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarआयकर अपील सुं./Ita No. 3929/Mum/2024 (नििाारण वर्ा / Assessment Year :2016-17) Acit, Circle, Mumbai V/S. Abhishek Rajendrakumar 601, 6Th Floor, Piramal बिाम Mundra Chambers, Lalbaug, Parel, C-28, Ameya Building, Mumbai-400012 Behind Ymca, Dn Nagar, Po Azad Nagar, Andheri West, Mumbai-400053 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacpm5067H Appellant/अपीलार्थी .. Respondent/प्रनिवादी प्रनि आपत्ति सुं./ Co No. 100/Mum/2025 (Arising Out Of Ita No. 3929/Mum/2024) (नििाारण वर्ा / Assessment Year :2016-17) Abhishek Rajendrakumar V/S. Acit, Circle, Mumbai बिाम Mundra 601, 6Th Floor, Piramal C-28, Ameya Building, Chambers, Lalbaug, Parel, Behind Ymca, Dn Nagar, Mumbai-400012 Po Azad Nagar, Andheri West, Mumbai-400053 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacpm5067H Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Vimal Punmiya राजस्व की ओर से /Revenue By: Shri Aditya Rai, Sr. Dr

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Aditya Rai, Sr. DR
Section 250Section 68

aforesaid observations, we hold that there is absolutely no case made out by the revenue for justifying the denial of exemption under section 10(38) of the Act in the facts and circumstances of the instant case. Accordingly, the Ground Nos. 2, 3 and 5 raised by the assessee