The Assessing Officer treated the assessee’s short-term capital gains as unexplained cash credits under section 68 alleging manipulation and price rigging by entry operators. The Tribunal held that the shares were purchased and sold through the Bombay Stock Exchange, were credited to and debited from the assessee’s demat account, payments were made through banking channels, and there was no evidence linking the assessee or the brokers with any price manipulation. The clean chit granted by SEBI further supported the assessee’s case. The recharacterisation of genuine short-term capital gains as unexplained cash credits was held to be unsustainable and the Revenue’s appeal was dismissed. (AY. 2014-15 to 2016-17).
Dy. CIT v. Naresh Laxminarayan Grover (2025) 126 ITR 137 / 178 taxmann.com 472 (Nagpur)(Trib.)
S. 68: Cash credits-Short-term capital gains-Alleged penny stock transactions-Genuine transactions through stock exchange-Addition deleted. [S.2(42B), 45, 111A, 115BBE]
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