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    <title>2017 (5) TMI 983 - BOMBAY HIGH COURT</title>
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    <description>The dominant issue was whether gains from sale of certain shares were genuine long-term capital gains or income arising from a sham arrangement to introduce undisclosed income. The AO, CIT(A) and ITAT concurrently found that shares acquired at nominal prices were sold within about a year at an implausibly high price without any economic or financial basis; the broker failed to furnish purchaser particulars; and the taxpayer produced no cogent evidence explaining the extraordinary price rise, supporting an inference of a dubious transaction. Treating these as pure findings of fact based on record, the HC declined interference and upheld assessment of the receipts as business income, dismissing the taxpayer&#039;s challenge.</description>
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      <title>2017 (5) TMI 983 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=343245</link>
      <description>The dominant issue was whether gains from sale of certain shares were genuine long-term capital gains or income arising from a sham arrangement to introduce undisclosed income. The AO, CIT(A) and ITAT concurrently found that shares acquired at nominal prices were sold within about a year at an implausibly high price without any economic or financial basis; the broker failed to furnish purchaser particulars; and the taxpayer produced no cogent evidence explaining the extraordinary price rise, supporting an inference of a dubious transaction. Treating these as pure findings of fact based on record, the HC declined interference and upheld assessment of the receipts as business income, dismissing the taxpayer&#039;s challenge.</description>
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