Ashish Jain. v. DCIT (2024) 111 ITR 152 / 205 ITD 455/228 TTJ 405 (Chd) (Trib.) Bipin Jain v. DCIT (2024) 111 ITR 152 / 205 ITD 455 /228 TTJ 405 (Chd) (Trib.) Akil Jain v. DCIT (2024) 111 ITR 152 / 205 ITD 455 /228 TTJ 405 (Chd) (Trib.)

S. 153A : Assessment-Search-Share certificates and contract notes seized-Not incriminating in nature-Capital gains-Addition as cash credit is not justified-Entitle to exemption. [S. 10(38), 45, 68, 132]

Assessment of assessee for relevant assessment year was completed. Subsequently, a search and seizure operation was carried at business and residential premises of a group company and assessee, being part of said group was also searched on same date along with other family members.  In course of assessment, Assessing Officer noticed that assessee had claimed exemption of LTCG earned in respect of sale of shares under section 10(38).  Assessing Officer on basis of seized documents held that LTCG disclosed by assessee represented unaccounted money and there was no genuine or bona fide purchase and sale of shares. Accordingly, he made an addition under section 68 treating same as unexplained cash credit. CIT(A) up held the addition. On appeal the Tribunal held that  seized documents (share certificates and contract notes) from a bank locker did not belong to assessee but were in name of and belonged jointly to father and grand mother of assessee.  Locker was neither operated by assessee and nor did assessee had its possession.  Further it was observed that pursuant to scheme of amalgamation approved by High Court, assessee had received shares of AGL in lieu of shares held in MGPL and shares of AGL were received and credited in D-mat account of assessee.  Assessee had sold certain shares of AGL and had disclosed LTCG on sale of shares of AGL as part of original return of income filed well before date of search. The  assessee had purchased shares of company MGPL during financial year 2010-11 relevant to assessment year 2011-12, said transaction did not pertain to impugned assessment years.In view of aforesaid facts and circumstances, share certificates and contract notes seized by Assessing Officer were not incriminating in nature and infact same would corroborate and confirm disclosed transaction of purchase of shares of MGPL by assessee.Since  addition made by Assessing Officer during reassessment proceedings was not based on any incriminating material during search and seizure action, same being a case of completed/unabated assessment, impugned addition is   deleted. (AY. 2012-13, 2013-14)

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