Dy. CIT v. Rajnikant Prabhudas Mandavia (2023) 157 taxmann.com 316 / 226 TTJ 778 (Ahd)(Trib.)

S. 45 : Capital gains-Penny stock-Purchase and sale through banking channel-Addition as cash credit is deleted.[ S. 10(38)) 68,]

During year, assessee sold shares of company GIFL and earned long-term capital gains (LTCG) of certain amount which was claimed as exempt. Assessing Officer held that GIFL was involved in providing bogus LTCG entries through listed penny stocks on Bombay Stock Exchange. Moreover, said company did not have any financial standing/base of its own to justify as to why price of share rose substantially in a short span of time Accordingly, he added entire LTCG claimed as exempt to income of assessee holding it as bogus. Tribunal held that the assessee had placed on record copies of contract memos in connection with purchase and sale of shares. Besides above shares, assessee had also held shares of 84 other companies which were not considered non-genuine.No material was brought on record to suggest that assessee was involved in any price rigging. Name of assessee was not specifically mentioned in list of beneficiaries-No material was brought on record to support finding that there had been collusion or connivance between broker and assessee for introduction of his own unaccounted money. Purchase of shares was through proper banking channel-Whether, on facts, impugned addition made by Assessing Officer was to be deleted. (AY. 2014-15, 2015-16)