PCIT(Central) v. Affluence Commodities (P.) Ltd. (2024) 471 ITR 252 /161 taxmann.com 476 (Guj) (HC)

S.28(i): Business loss-Penny stocks-Bogus purchases-Genuineness of transactions are proved-No control over on share prices-Losses are deleted. and moreover assessee had no control whatsoever on share prices-No substantial question of law.[S. 260A]

 Assessee is  engaged in trading penny stocks, specifically shares of Alang Industrial Gases Ltd  (AIGL) and Kappac Pharma Ltd (KPL).    AO disallowed the loss. On appeal the CIT(A) and Tribunal allowed the loss  on the ground that  the assessee had no control over share prices and had genuinely incurred losses, particularly with AIGL shares where only a portion were sold, and rest were held into subsequent assessment year. Regarding shares of KPL, Tribunal reasoned that market rate being lower, justified business loss, even though shares were not sold. High Court affirmed the order of the Tribunal. (AY. 2015-16)

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