Dy. CIT v. R. K. Commercial Ltd. (2019) 74 ITR 541 (Kol.)(Trib.)

S. 45 : Capital gains–Long term capital gain-Off market transaction-Legal requirements complied with-Addition cannot be made as cash credit. [S. 2(47), 68]

If the sale of shares has been carried out as an off market transaction then that per se would not make the assessee liable to pay long term capital gains tax if the price at which the sale is made has been intimated to SEBI, the delivery of shares has been carried out, contract notes have been received, and the transaction is carried out through recognized brokers through account payee cheques. Addition cannot be made as cash credit. (AY.   2007-2008)