INCOME TAX CASES:- JUDGEMENT ON PENNY STOCK IN THE FAVOUR OF ASSESSEE
1. *Amar Nath Goenka and ors v. ACIT (ITA No. 5882/D/18) (ITAT, Delhi) (12/12/2018)
SECTION 10(38) AND SECTION 68 – LONG TERM CAPITAL – PENNY STOCK ASSESSEE DISCHARGING THE ONUS BY PLACING ON RECORD VARIOUS DOCUMENTARY EVIDENCES – AO DID NOT MAKE ANY INDEPENDENT ENQUIRY – STATEMENT OF THIRD PARTY WHICH WAS NOT SUBJECTED TO CROSS EXAMINATION IS INADMISSIBLE EVIDENCE – ADDITION DELETED
2. Mukta Gupta v. ITO (ITA No. 2766/D/18, 2767/D/18) (ITAT, Delhi) (Dated 26/11/2018)
SECTION 10(38) & 68 – PENNY STOCK – ADDITION ON ACCOUNT OF PROFIT ARISING FROM SALE OF SHARES, ALLEGED AS PENNY STOCK CANNOT BE MADE UNDER SECTION 68 – SUFFICIENT EVIDENCES WERE ON RECORD TO PROVE VERACITY OF THE TRANSACTION – SEBI REPORT BY ITSELF WAS NOT SUFFICIENT TO DENY THE TRANSACTION ENTERED BY THE ASSESSE.
3. Veena Gupta v. ACIT (ITA No. 5662/D/2018) (ITAT, Delhi) (27/11/2018)
SECTION 10(38) AND SECTION 68 – LONG TERM CAPITAL – PENNY STOCK ADDITION BASED ON STATEMENT OF THIRD PARTIES- NO OPPORTUNITY OF CROSS EXAMINATION – ADDITION LIABLE TO DELETED
4. Ajay Goel and ors v. ITO (ITA No. 4481 – 84/D/18) (ITAT, Delhi) (03/12/2018)
SECTION 10(38) & 68 – LONG TERM CAPITAL GAIN ON SALE OF PENNY STOCKS – ADDITION ON THE BASIS OF INFORMATION FROM INVESTIGATION WING WITHOUT AFFORDING OPPORTUN ITY OF CROSS EXAMINATION – ADDITION NOT SUSTAINABLE*