COURT: | ITAT Delhi |
CORAM: | Amit Shukla (JM) |
SECTION(S): | 10(38) |
GENRE: | Domestic Tax |
CATCH WORDS: | bogus capital gains, Penny Stocks |
COUNSEL: | Akhilesh Kumar, Pushkar Pandey |
DATE: | November 26, 2018 (Date of pronouncement) |
DATE: | February 22, 2019 (Date of publication) |
AY: | 2014-15 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 10(38) Bogus LTCG from Penny Stocks: Capital gains cannot be treated as bogus solely on the basis that the price of the shares has risen manifold and the reason for astronomical rise is not related to any fundamentals of market. If the transactions are duly proved by trading from stock exchange and the documentation is proper, the gains cannot be assessed as unexplained credit or as unexplained money |
Nowhere it has been found that assessee was in any manner found to be beneficiary of any accommodation entry under any inquiry or investigation. Once all these transactions are duly proved by trading from stock exchange, then to hold the sale of shares as unexplained credit or as unexplained money cannot be upheld
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