Anju Parekh. v. ITO (2025) 215 ITD 639 (SMC) (Raipur) (Trib.)

S. 68: Cash credits-Sale of shares-Penny stock-Investigation Wing/SEBI reports-Bogus long term capital gains-Accommodation entries-NCL Research & Finance Services Pvt Ltd-Shares through stock exchange-Paid STT, Disclosed transaction in return-Held shares in demat account-routed Payments through banks-Sale proceeds cannot be assessed as cash credits-Eligible for exemption-Addition of unexplained expenditure was also deleted. [S. 10(38), 45, 69C]

 

Assessee sold shares of a company through the stock exchange, paid STT, and disclosed the transaction in return. Assessing Officer, relying on Investigation Wing/SEBI reports, treated sale proceeds as unexplained cash credit under section 68, alleging scrip was rigged and used for accommodation entries. CIT(A) upheld the addition. On appeal, the Tribunal held that shares were reflected in the demat account, payments were made through banking channels, and the entire transaction was disclosed in return. Revenue failed to establish any direct nexus or involvement of the assessee in price rigging or entry operations. Revenue had not even brought out whether it was an isolated transaction or whether the assessee regularly entered into the purchase and sale of shares. Furthermore, the assessee had submitted at the time of assessment that the assessee was not aware about fact that ‘ NCL Research & Finance Services Pvt Ltd was a rigged and it was penny stock share.  In the absence of any direct evidence against assessee, it could only be concluded that assessee was an unsuspecting investor who had entered into an investment in shares.  The addition made in the hands of assessee was arbitrary and bad in law and deleted. Tribunal also deleted an ad hoc addition for alleged commission on accommodation entry services without any material to show that such services were rendered or payments made. (AY. 2013-14)

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