| COURT: | Bombay High Court |
| CORAM: | Akil Kureshi J, M. S. Sanklecha J |
| SECTION(S): | 68 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Client Code Modification |
| COUNSEL: | Arvind Pinto, Sanjiv Shah |
| DATE: | January 15, 2019 (Date of pronouncement) |
| DATE: | October 12, 2019 (Date of publication) |
| AY: | 2006-07 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Bogus loss from Client Code Modification (CCM): Even if the Revenue's theory of the assessee having enabled the clients to claim contrived losses is correct, the Revenue had to bring on record some evidence of the income earned by the assessee in the process, be it in the nature of commission or otherwise. Adding the entire amount of doubtful transactions by way of assessee's additional income is wholly impermissible. The fate of the individual investors in whose cases the Revenue could have questioned the artificial losses is not known | |
The Tribunal accepted the assessee’s explanation and discarded the Revenue’s theory that profit of the assessee’s company were passed on to the clients. It was also noticed that the Revenue has not contended that the client code modification facility is often misused by the assessee to pass on losses to the investors, who may have sizable profit arising out of commodity trading against which such losses can be set off. The Revenue normally points out number of such instances of client code modifications as well as nature of errors in filling of the client code
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