Assessee is a foreign portfolio investor which had been investing in India since 2006 onwards. Assessee had sold certain shares of an Indian company and claimed same to be exempt under India-Mauritius DTAA. Assessing Office held that share price of said script had been manipulated for purpose of availing bogus profits and losses. He thus held that sale of shares was an accommodation entry for purpose of availing bogus long term gain and, accordingly, made addition of sale consideration to be an unexplained source of investment under section 68. Since assessee had been holding said shares for almost 10 years and price of said shares had increased over a period of 10 years, it could be said that transaction made by assessee in shares was a genuine transaction and, therefore, addition made under section 68 is deleted. (AY. 2020-21)
Elara India Opportunities Fund Ltd. v. DCIT (IT) (2024) 113 ITR 275 / 207 ITD 330 (Mum) (Trib.)
S. 68 : Cash credits-Foreign portfolio investor-Sale of shares-Holding more than 10 years as investment-Addition is deleted-DTAA-India-Mauritius.[S.9(1)(i), 115BBE, Art. 22]
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