In the return of income assessee claimed long term capital gain arising from sale of shares as exempt under S. 10(38) of the Act. On the basis of information from Investigation Wing that number of penny stock companies were providing bogus entries of long-term capital gain on sale of their shares and Kappac Pharma Ltd. was one of those companies. AO carried out detailed investigation and found that assessee’s transactions of sale of shares of Kappac Pharma Ltd. were sham. Accordingly added amount of long-term capital gain under S.69A of the Act. Tribunal held that the assessee had failed to discharge her burden of proof that long-term capital gain arising from sale of shares was genuine. On other hand, enquiry conducted by SEBI was further corroborated by investigation carried out by Directorate of Investigation that Kappac Pharma Ltd. was one of such companies whose scrips had been manipulated to provide bogus long-term capital gains. Accordingly the addition made by AO is confirmed . (AY. 2014-15)
Pooja Ajmani v. ITO (2019) 177 ITD 127/ 200 TTJ 231 / 178 DTR 377(SMC) (Delhi)(Trib.)
S. 69A : Unexplained money-Capital gain-Penny stock-Sale of share-Bogus entries-Information from investigation wing-Addition is held to be justified. [S. 10(38), 45, Indian Evidence Act. S. 102]