Bhuwaneshwar Prasad Singh v. ITO (2023) 201 ITD 865 /105 ITR 564/ 226 TTJ 600 (Delhi) (Trib.)

S. 45 : Capital gains-Purchase of shares-Reflected in account books-Payment was made to broker subsequent date-Capital gains cannot be assessed as income from undisclosed sources.[2(29AA,) 2(29B), 68, 69]

Assessee purchased shares of two companies on 4-5-2005 and 10-5-2005 and made payments to brokers on 29-9-2006, 12-5-2005 and 14-12-2006 and sold said share between 10-10-2006 and 13-12-2006. Assessee claimed capital gain arising from sale of shares partly as short-term capital gain and partly as long-term capital gain. Assessing Officer treated gain as income from undisclosed sources.  On appeal the Tribunal held that   since contract notes clearly showed date of purchase of shares as 4-5-2005 and 10-5-2005 and purchases were duly reflected in account books for financial year 2005-06 ending on 31-3-2006, merely because payments were made to brokers on subsequent dates would not make capital gain as income from undisclosed sources.  Assessing Officer is  directed to consider gain as long-term capital gain.   (AY. 2007-08)