Bogus LTCG - genuine v/s sham transaction - burden of proof - ...

Tribunal's Error in Overturning CIT(A) Order on LTCG Claims: Penny Stock Transactions u/s 263 Scrutiny.

June 16, 2022

Case Laws     Income Tax     HC

Bogus LTCG - genuine v/s sham transaction - burden of proof - penny stock purchases - colourable devices adopted in the process or not? - The assessee cannot take shelter under the opinion given by the experts as it is not the expert who has indulged in the transaction but it is the assessee. - the Tribunal committed a serious error in setting aside the orders of the CIT(A) who had affirmed the orders of the Assessing Officer and equally the Tribunal committed a serious error both on law and fact in interfering with the assumption of jurisdiction by the Commissioner under Section 263 - HC

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