Anju Daruka v. ITO (2025) 212 ITD 326 (Kol) (Trib.)

S. 147 : Reassessment-Information from DIT (Inv)-Beneficiary of accommodation entries-Long term capital gains-Sale of shares-Vague reasons recorded-Borrowed satisfaction-Sanction-Mechanical approval-Reassessment was quashed. [S.69A, 143)(1), 148, 151]

The AO reopened assessment based on DIT(Inv) information alleging bogus LTCG on shares of BSR Finance & Construction Ltd. The reasons recorded by the AO were vague, lacking details of transactions, parties or evidence, indicating borrowed satisfaction. Further, approval of the Principal Commissioner under section 151 was mechanical as he only wrote “Yes, it is a fit case”. The Tribunal held that both the reasons and approval were invalid. Held, reassessment quashed.  (AY. 2013-14)

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