Updates by CA Atul Modani
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Tax And Legal Updates by CA Atul Modani
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*CBDT has notified Income-tax (Twenty-fourth Amendment) Rules, 2017, applicable w.e.f. 31 Oct. 2017. New IT Rules 10DA and 10DB have been inserted along with new IT Forms 3CEAA, 3CEAB, 3CEAC, 3CEAD for Guidelines on maintaining and furnishing of Transfer Pricing (TP) Documentation in Master File and Country-by-Country Reporting (CbCR)*
*Penny Stock addition deleted by Mumbai ITAT in the case of ITO vs. Arvind Kumar Jain HUF (ITAT Mumbai)*

Bogus capital gains from penny stocks: If the DMAT account and contract note show details of the share transactions and the AO has not proved the transactions to be bogus, the capital gains earned on the said transactions cannot be treated as unaccounted income u/s 68. The fact that the broker was tainted and violated SEBI regulations would not make assessee’s transactions bogus

The AO has treated the share transaction as bogus on the plea that SEBI has initiated investigation in respect of Ramkrishna Fincap Pvt. Ltd. The AO further stated that investigation revealed that transaction through M/s Periwal and Co. on the floor of stock exchange was more than 83%. We found that as far as initiation of investigation of broker is concerned, the assessee is no way concerned with the activity of the broker. Detailed finding has been recorded by CIT(A) to the effect that assessee has made investment in shares which was purchased on the floor of stock exchange and not from M/s Basant Periwal and Co. Against purchases payment has been made by account payee cheque, delivery of shares were taken, contract of sale was also complete as per the Contract Act, therefore, the assessee is not concerned with any way of the broker. Nowhere the AO has alleged that the transaction by the assessee with these particular broker or share was bogus, merely because the investigation was done by SEBI against broker or his activity, assessee cannot be said to have entered into ingenuine transaction, insofar as assessee is not concerned with the activity of the broker and have no control over the same