Shamim Imtiaz Hingora v. ITO (SMC) (Pune) (Trib) ,www.itatonline.org.

S. 68: Cash credits- Bogus Capital gains-Penny Stocks-Though the AO did not find any mistake in the documentation furnished by the assessee, there is need for finding of fact on (i) the nature of the shares transactions; (ii) make-believe nature of paper work; (iii) Camouflage the bogus nature; and, (iv) the relevance of human probabilities etc – Addition is confirmed as cash credits [S.10(38) 45]

The assessee purchased 300 shares of Pyramid Trading Finance Ltd now known as Misha Finance & Trading Ltd . The said shares were transferred to Tohee Trading Agencies Pvt Ltd . As per SEBI;s we site the said company ie Misha Finance & Trading Ltd  was one of the delisted company  . Purchase price was 0.37  and the sale price was Rs 45 per share increase of 120 times with in 24 months . The assessee claimed exemption u/s 10 (38) of the Act which was disallowed by the AO and asseeed as cash credits  .On appeal CIT (A) also  confirmed the addition .On appeal to the Tribunal dismissing the appeal of the assessee the Tribunal held that ; Though the AO did not find any mistake in the documentation furnished by the assessee, there is need for finding of fact on (i) the nature of the shares transactions; (ii) make-believe nature of paper work; (iii) Camouflage the bogus nature; and, (iv) the relevance of human probabilities etc – Addition is confirmed as cash credits .Followed PCIT v NDR Promoters Pvt Ltd ( 2019) 410 ITR 379 ( Delhi) (HC) ( ITA No .1875/PUN/2018, dt. 01.03.2019)( AY.2015-16)