This decision consists of 3 appeals involving the same facts. The assessee’s case was reopened by notice u/s 148 of the Act pursuant to information received from the Investigation Directorate gathered from surveys conducted u/s 133A of the Act at the premises of several share brokers that the Client Code Modification (CCM) facility was being misused by various clients, which included the name of the assessee, for tax evasion in connivance with the broker by shifting out profits or shifting in losses to reduce the taxable income. The assessee was asked to explain the misuse of CCM facility to book the contrived losses of Rs. 29,76,903. The ITAT observed that contrary stands were taken by the assessee before the AO and the CIT(A), before whom the assessee submitted the ledger account obtained from the Broker. The submissions of the assessee that the assessee never claimed loss in this year with the supporting return of income and the audit report would not justify that the assessee has not benefited from CCM. Besides this the assessee had not given details as to the shares and scrips through which broker of the assessee had traded. The assessee had also furnished her regular bank statement instead of her demat account statement. Thus, the assessee was not able to substantiate her non-involvement in the misuse of the CCM facility. Thus, the AO and the CIT(A) was right in adding Rs. 29,76,903 to the income of the assessee. (AY .2009-10)