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Income Tax - Highlights / Catch Notes

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The ITAT considered a case involving denial of exemption u/s ...


The court denied exemption for alleged bogus LTCG from unreliable company shares. Profit size doesn't prove legitimacy.

Case Laws     Income Tax

June 27, 2024

The ITAT considered a case involving denial of exemption u/s 10(38) for alleged bogus LTCG. The assessee invested in shares of a company deemed unreliable due to manipulation by brokers for undue benefits. The ITAT emphasized that profit magnitude does not establish the genuineness of an investee company. Despite the assessee's small profit, it was held that the transaction's genuineness cannot be determined solely by profit amount. The ITAT upheld the decision of the CIT (Appeals), dismissing the assessee's appeal based on the lack of error in the earlier order.

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