Bhag Chand Chhabra v. PCIT (2022) 138 taxmann.com 32(Cal.)(HC) Editorial : SLP of assessee dismissed ; Bhag Chand Chhabra v. Pr. CIT (2022) 287 Taxman 171 / 113 CCH 166 (SC)

S. 68 : Cash credits-Speculation profit-Purchase and sales of commodities-Not registered stock broker-Genuineness of claim was not established-Order of Tribunal affirmed. [S. 115BBE, 133(6)]

The assessee HUF had claimed speculation profit earned through a broker from purchase and sales of commodities made in a stock exchange, under head of income from business and profession.  Assessing Officer issued a notice under section 133(6) to said broker as well as stock exchange to verify correctness of assessee’s claim.  In response to said notice, stock exchange stated that assessee was never registered with it by said broker and also that said broker was never active on exchange. The Tribunal confirmed the addition made by the AO. On appeal the High Court held that since genuineness of assessee’s claim had not been established  the order of Tribunal is affirmed. (2013-14)