COURT: | ITAT Mumbai |
CORAM: | Pawan Singh (JM), Rajendra (AM) |
SECTION(S): | 68 |
GENRE: | Domestic Tax |
CATCH WORDS: | bogus capital gains, Penny Stocks |
COUNSEL: | Aditya Ajgaonkar |
DATE: | March 8, 2017 (Date of pronouncement) |
DATE: | March 30, 2017 (Date of publication) |
AY: | 2005-06 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 68 bogus gains from penny stocks: If the AO relies upon the statement of a third party to make the addition, he is duty bound to provide a copy of the statement to the assessee and afford the opportunity of cross-examination. Failure to do so vitiates the assessment proceedings. A transaction evidenced by payment/receipt of share transaction value through banking channels, transfer of shares in and from the D-mat account, etc cannot be treated as a bogus transaction so as to attract s. 68 |
It is also very strange that the FAA, being a judicial authority, has held that non providing opportunity of cross examination would not vitiate the assessment proceedings. If the AO/assessee wants to rely upon the statements of someone it is their duty to prove the truthfulness of such statements. Filing of affidavits/cross examination of the person making assertion can be means of verifying the genuineness of the statements. There can be other means also. But, the basic principles remain the same-person relying upon statement of someone has to prove it and especially when it is challenged by another party
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