Bangalore ITAT rejects
assessee-individual’s claim of ‘exempt’ long term capital gains (‘LTCG’) of Rs.
42 lakh arising on sale of ‘penny stocks’ during AY 2015-16, upholds AO’s stand
that the LTCG booked by assessee were bogus and the gains were assessable as
‘business income’; Rejects assessee’s stand that the genuineness of LTCG claim
cannot be doubted since the contract notes were placed on record and the
payment were made through cheques identifying the company whose shares were
transacted; Upon examining the financials of the company, ITAT observes that
the financial worth of the company was very meager and not worth to be invested
in, remarks that “With such financials, we are unable to understand how there
can be manifold increase in the shares.”; Further observes that taking
cognizance of BSE websites, money control website, investigation wing, SEBI
reports, AO had noted that the price of these shares saw phenomenal rise and
were constantly traded near the circuit limit (of 5%) so as to avail maximum
price rise without hitting and triggering the circuit limit, and thereby avoid
surveillance by the Stock Exchange Regulator; ITAT concludes that Revenue has
brought sufficient material on record to demonstrate that unaccounted money was
introduced in the books through LTCG by circuitous means.:ITAT
Subscribe to:
Post Comments (Atom)
5 GST Judgments in 2026 Every Business Should Be Watching
The year 2026 has already delivered several landmark GST decisions that could significantly influence tax compliance, assessments, and litig...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
The Reserve Bank of India has introduced a new framework governing export and import transactions under FEMA. These regulations are effectiv...
-
THE issues before the Bench are - Whether no penalty u/s 271(1)(c) is warranted even if assessee makes false claim of Sec 80IA benefits ...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
This Tax Alert summarizes a recent judgement of the Supreme Court (SC) [1] on whether a show cause notice (SCN) under Section 74 of the ...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
No comments:
Post a Comment