The assessee had declared loss from trading in shares as business loss, which was accepted in the original assessment. Subsequently, reassessment was made treating the alleged loss as bogus short-term capital loss arising from accommodation entries. The CIT(A) deleted the addition. The Revenue filed an appeal before the Tribunal though the tax effect was below the monetary limit prescribed under CBDT Circular No. 9 of 2024, contending that the case fell within the exception relating to bogus short-term capital loss. The Tribunal held that the assessee had never claimed short-term capital loss but had consistently claimed business loss from share trading. Therefore, the exception contained in the CBDT Circular was inapplicable, and the Revenue’s appeal was not maintainable on account of low tax effect. (AY. 2013-14)
Dy. CIT v. Satya Prakash Gupta (2025) 128 ITR 1 (Delhi) (Trib).
S. 268A: Appeal -Instructions-Circulars -Monetary limits-Departmental appeal -Low tax effect -CBDT Circular No. 9 of 2024 -Exception relating to bogus penny stock transactions not applicable where assessee claimed business loss and not short-term capital loss -Revenue’s appeal dismissed. (S.28(i), 45, 68, 143(3), 147, 148, 153A, 253)
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