← All Phrases

“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)

Rakesh Bansal, New Delhi vs. ACIT Circle-34(1), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2559/DEL/2019[2015-16]Status: DisposedITAT Delhi25 May 2021AY 2015-16

Bench: Shri R.K. Panda & Shri Vijay Pal Raoassessment Year: 2015-16 Rakesh Bansal, Vs Acit, 403, Swastik Apartments, Plot Circle-34(1), No.2, Sec.09, New Delhi. Rohini, New Delhi. Pan: Aaipb2567R (Appellant) (Respondent) Assessee By : Shri Raj Kumar Gupta, Ca & Shri J.B. Sharma, Ca Revenue By : Shri Farhat Khan, Sr. Dr Date Of Hearing : 25.05.2021 Date Of Pronouncement : 25.05.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 26.11.2018 Of The Cit(A)-12, New Delhi, Relating To Assessment Year 2015-16. 2. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Order Of The Cit(A) In Confirming The Addition Of Rs.4,22,00,498/- Made By The Ao U/S 68 & 69C Of The It Act, 1961. 3. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 30Th January, 2016 Declaring Net Taxable Income At Rs.87,16,680/-. During The Year Under Consideration, The Assessee Has Derived Income From House Property, Salary Income As Director In Different Companies & Income From Other Sources. The Assessee Is Also A Partner In M/S High Seas Trading Corporation. During The Course Of Assessment Proceedings, The Ao Noted That The Assessee Has Claimed An Exemption Of Rs.4,11,45,660/- U/S 10(38) Of The It Act On Account Of Long-Term Capital Gain By Way Of Trading In The Scrips Of Icvl Chemicals Limited. From The Various Details Furnished By The Assessee, The Ao Noted That The Assessee Has Entered Into The Following Transactions:-

For Appellant: Shri Raj Kumar Gupta, CA &For Respondent: Shri Farhat Khan, Sr. DR
Section 09Section 10(38)Section 143(3)Section 68Section 69C

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : F : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI VIJAY