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HomeDirect TaxNo Proof Of Involvement In Penny-Stock Manipulation: ITAT Allows STCG Claim For...

No Proof Of Involvement In Penny-Stock Manipulation: ITAT Allows STCG Claim For Genuine Equity Transactions

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The Pune Bench of Income Tax Appellate Tribunal (ITAT) has allowed the short term capital gain (STCG) for genuine equity transactions as the department failed to prove the assessee’s involvement in penny-stock manipulation.

The bench of Vinay Bhamore (Judicial Member) and Dr.Manish Borad (Accountant Member) has observed that assessee’s claim of having earned short term capital gain is genuine and needs to be allowed because the assessee has transacted through registered stock broker, purchased/sold through recognised stock exchange and transactions have been routed through banking channel and lastly there is no finding/investigation by Revenue authorities which could prove that assessee was directly involved with the promoters/entry operators managing the price of Equity shares of alleged penny stock company.

The appellant/assessee the assessee is an individual and declared income  which was subsequently selected for scrutiny under CASS. In the return of income, assessee has declared income under various heads including short term capital gain of Rs.2,87,979/- from sale of 16000 Equity shares of Blazon Marbles Limited. 

The assessee furnished the details before the Assessing Officer about the genuineness of purchase and sale of the Equity shares of the alleged company along with claiming that they have been purchased and sold on registered stock exchange through a registered stock broker and the shares have been routed through banking channel and Demat account. 

However, AO was not satisfied and he observed that the assessee has dealt in penny stock company and therefore added the total sale consideration under section 68 of the Income Tax Act.

The tribunal held that the department has failed to contradict the fact that the purchases were made through banking channels and the source of the purchases has not been disputed at any stage and therefore deduction of purchase is allowable against the alleged sale consideration.

Case Details

Case Title: Sonal Ashish Shah Versus ITO

Case No.: ITA No.2541/PUN/2024

Date:  03.06.2025

Counsel For  Appellant: Sagar Tilak

Counsel For Respondent: Akhilesh Srivastva

Read More: Rule 86B GST Restriction Applies: Income Tax Paid by Firm and Partners Cannot Be Clubbed for Exemption: AAR

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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