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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)

Ramachandran, Chennai vs. ACIT, Non Coporate Circle-2, Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 775/CHNY/2023[2015-16]Status: DisposedITAT Chennai23 Oct 2024AY 2015-16

Bench: Shri Manu Kumar Giri & Shri Amitabh Shuklaआयकर अपील सं./Ita No.775 /Chny/2023 निर्ाारण वर्ा /Assessment Year: 2015-16 Ramachandran The Asst. Commissioner Of Old No.9, New No.19, Vs. Income Tax, Jumaulingam Street, Non-Corporate Circle-2 Mylapore, Chennai Chennai-600004 [Pan: Aaqhr6150N] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Shri Y.Sridhar, F.C.A. प्रत्यर्थी की ओर से /Respondent By : Ms.Gouthami Manivasagam, Jcit सुिवाई की तारीख/Date Of Hearing : 31.07.2024 घोर्णा की तारीख /Date Of Pronouncement : 23.10.2024 आदेश / O R D E R Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Nfac/S/250/2023-24/1053343791(1) Dated 31.05.2023 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2015- 16. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 31.05.2023 Passed By Nfac, Delhi. :- 2 -:

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 10(38)Section 250Section 263Section 68

आयकर अपीलीय अधिकरण, ‘‘ए’/ ‘बी’/ ’सी’/ ’डी’ न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI श्री मनु

Subhash Chand Gupta, New Delhi vs. ACIT, Central Circle-29, New Delhi

Accordingly, the grounds raised by the Revenue are dismissed

ITA 2529/DEL/2022[2015-16]Status: DisposedITAT Delhi18 Oct 2024AY 2015-16

Bench: Shri M. Balaganesh & Shri Sudhir Kumarsubhash Chand Gupta Vs. Acit, B-41, Kailash Colony, Central Circle – 29, New Delhi – 110 054 New Delhi Pan: Aaapg 2554 K (Appellant) (Respondent) & Acit, Vs. Subhash Chand Gupta Central Circle – 29, 43/1M Rajpur Road, New Delhi Civil Lines, North Delhi, New Delhi – 110 054 Pan: Aaapg 2554 K (Appellant) (Respondent) Assessee By : Shri Sankalp Malik, Adv. Revenue By: Shri V. K. Dubey, Sr. D.R. Date Of Hearing 14/10/2024 Date Of Pronouncement 18/10/2024 O R D E R Per M. Balaganesh, A. M.: The Appeals In Ita Nos. 2529/Del/2022 & Ita 1. No.1557/Del/2021 For Ays 2015-16 & 2017-18, Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals)-30, New

For Appellant: Shri Sankalp Malik, AdvFor Respondent: Shri V. K. Dubey, Sr. D.R
Section 10(38)Section 143(1)Section 143(3)Section 147Section 148

assessment under section 147 of the Act in addition to challenging the action of the lower authorities in denying claim of exemption under section 10(38) of the Act in respect of Long Term Capital Gain (LTCG) on sale of shares of Sunstar Realty Development Ltd. (SRDL). 3. We have ... under section 143(1) of the Act on 09.10.2016 accepting the return of income. In the said return, the assessee claimed exemption under section 10(38) of the Act totalling to Rs.7,24,42,009/- being Long Term Capital Gains (LTCG) arising on sale of shares of various listed companies

ACIT, CC-29, New Delhi vs. Subhash Chnad Gupta, Delhi

Accordingly, the grounds raised by the Revenue are dismissed

ITA 1557/DEL/2021[2017-18]Status: DisposedITAT Delhi18 Oct 2024AY 2017-18

Bench: Shri M. Balaganesh & Shri Sudhir Kumarsubhash Chand Gupta Vs. Acit, B-41, Kailash Colony, Central Circle – 29, New Delhi – 110 054 New Delhi Pan: Aaapg 2554 K (Appellant) (Respondent) & Acit, Vs. Subhash Chand Gupta Central Circle – 29, 43/1M Rajpur Road, New Delhi Civil Lines, North Delhi, New Delhi – 110 054 Pan: Aaapg 2554 K (Appellant) (Respondent) Assessee By : Shri Sankalp Malik, Adv. Revenue By: Shri V. K. Dubey, Sr. D.R. Date Of Hearing 14/10/2024 Date Of Pronouncement 18/10/2024 O R D E R Per M. Balaganesh, A. M.: The Appeals In Ita Nos. 2529/Del/2022 & Ita 1. No.1557/Del/2021 For Ays 2015-16 & 2017-18, Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals)-30, New

For Appellant: Shri Sankalp Malik, AdvFor Respondent: Shri V. K. Dubey, Sr. D.R
Section 10(38)Section 143(1)Section 143(3)Section 147Section 148

assessment under section 147 of the Act in addition to challenging the action of the lower authorities in denying claim of exemption under section 10(38) of the Act in respect of Long Term Capital Gain (LTCG) on sale of shares of Sunstar Realty Development Ltd. (SRDL). 3. We have ... under section 143(1) of the Act on 09.10.2016 accepting the return of income. In the said return, the assessee claimed exemption under section 10(38) of the Act totalling to Rs.7,24,42,009/- being Long Term Capital Gains (LTCG) arising on sale of shares of various listed companies