Saroj Baid v. ITO (2023) 203 ITD 521 (Kol.)(Trib.)

S. 68 : Cash credits-long-term capital gain-Sale of equity shares of NCL Research and Financial Services Limited-Penny stock-Capital gains treated as bogus-Denial of exemption is affirmed. [S.10(38) , 45]

Assessee, claimed exemption under section 10(38) for long-term capital gain from sale of equity shares of NCL Research and Financial Services Limited. Assessing Officer held that  Company’s name also appeared in list of 84 penny stock companies listed with Bombay Stock Exchange, which were found to be managed by unscrupulous brokers, entry operators, and money launderers involved in providing bogus accommodation entries of long-term capital gain and short-term capital loss. Based on these findings, Assessing Officer treated claim of long-term capital gain as bogus and not eligible for exemption under section 10(38) and made addition under section 68. Tribunal held that  since income under section 10(38) in respect of long-term capital gain arising from sale of equity shares from listed companies, were found to be penny stock companies and long-term capital gain so claimed found to be bogus in nature, lower authorities were justified in treating assessee’s claim of long-term capital gain claim as bogus, and making additions. (AY. 2013-14 , 2014-15