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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)

Hunt International Investments Llc, Mumbai vs. DCIT, Circle Int Taxation, 2(1)(1), New Delhi

In the result, impugned order is set-aside and the appeal is allowed for statistical purposes

ITA 916/MUM/2023[2015-2016]Status: DisposedITAT Mumbai31 Jul 2023AY 2015-2016

Bench: Shri Vikas Awasthy & Ms. Padmavathy Sआअसं. 916/मुं/2023 (िन.व. 2015-16) Hunt International Investments Llc 205-206, Regent Chambers, 2Nd Floor, Jamnalal Bajaj Road, 208, Nariman Point, Mumbai-400021. Pan: Aadch0520J ...... अपीलाथ" /Appellant बनाम Vs. Dcit, Circle International Taxation-2(1)(1), Civic Centre, Minto Road, New Delhi-110002. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. A.N. Shah "ितवादी "ारा/Respondent By : Sh. Anil Sant, Sr. Dr सुनवाई की ितिथ/ Date Of Hearing : 31/07/2023 घोषणा की ितिथ/ Date Of Pronouncement : 31/07/2023 आदेश/ Order Per Vikas Awasthy, Jm This Appeal By The Assessee Is Directed Against The Assessment Order Dated 27.01.2023 Passed Under Section 144C(13)/143(3) R.W.S. 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), For The Assessment Year 2015-16. 2. Sh. A.N. Shah Appearing On Behalf Of The Assessee Submitted That The Assessee Is A Tax Resident Of Usa. The Assessee Is A Registered Foreign Portfolio Investor [Category-Iii]. The Assessee Primarily Invests In Shares To Earn Long Term

For Appellant: Sh. A.N. ShahFor Respondent: Sh. Anil Sant, Sr. DR
Section 10(38)Section 142(1)Section 144Section 144C(13)Section 148

assessee earned Long Term Capital Gain (LTCG) on sale of aforesaid shares, the said LTCG was claimed as exempt from tax under section 10(38) of the Act. There being no taxable income during the relevant previous year, the assessee did not file any return of income. A notice under