COURT: | Delhi High Court |
CORAM: | Sanjeev Narula J, Vipin Sangi J |
SECTION(S): | 10(38) |
GENRE: | Domestic Tax |
CATCH WORDS: | bogus capital gains |
COUNSEL: | Arvind Kumar, Devina Sharma |
DATE: | September 17, 2019 (Date of pronouncement) |
DATE: | October 2, 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 Stock: The analysis of balance sheet & P&L account of the Co shows that astronomical increase in share price which led to returns of 491% for assesee was completely unjustified. The EPS & other financials parameters cannot justify price at which assessee claims to have sold shares to obtain Long Terms Capital Gains. It is not explained as to why anyone would purchase said shares at such high price |
The AO has worked out the glaring facts, which cannot be ignored and which are clear indicative of the non-genuine nature of the transactions. The assessee could not satisfactorily explain how the investments in the absence of any evidence as to the financials, growth and operations of the company could earn profit of 4910% over a short period of 5 months from the date of allotment of shares
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