During relevant year the assessee sold said shares resulting in substantial amount of LTCG in a short span and same was claimed as exempt. Assessing Officer treated said capital gains as bogus receipts under section 68 on ground that assessee made unrealistic non-taxable capital gains on a very small investment that too in a short period of just 17 months by indulging in transactions of penny stocks. Tribunal held that the Assessee purchased shares in cash and not through banking channels and were held in pool account of broker for 17 months. On perusal of assessee’s Demat account it was observed that shares were credited in said account after a period of 17 months just before date of sale. Accordingly the transactions could not be said to be genuine and Assessing Officer was justified in treating LTCG as bogus receipts under section 68 of the Act. Since transactions related to sale of shares could not be said to be genuine, Assessing Officer was justified in disallowing expenditure incurred in paying commission by holding that same was with respect to arranging bogus LTCG. (AY. 2014-15)
Abhishek Gupta v. ITO (2022) 220 TTJ 328 / (2023) 147 taxmann.com 21 (Indore)(Trib)
S. 68 : Cash credits-Purchase of shares by paying cash-Penny stock-Accommodation entries-Shares held in brokers pool account for 17 months-Shares transferred to DEMAT account few days before the sale-Sale is held to be not genuine-Addition is confirmed-Expenditure is not allowable as deduction. [S. 10(38), 37(1), 45]