Held, that the assessee had acquired the shares and had been holding them for almost ten years from the date of acquisition and during the year under consideration they were purchased by Team India Managers Ltd. The contention of the Assessing Officer that the movement of the price of shares was abrupt and unrealistic, was not acceptable for the reason that the price per share was Rs. 11.90 at the time of acquisition and had increased to Rs. 29.66 over a period of ten years, which was a reasonable increase unlike in most of the penny stock cases where the price of the shares skyrockets manifolds within a short span of time. The assessee had substantiated the financials of ICL which showed that the company was not a bogus entity having dummy directors. Pertinently, the Assessing Officer had merely relied on the fact that in spite of increase in the debt, the sales of the company had not increased proportionately. The assessee, a Securities and Exchange Board of India registered foreign portfolio investor, was engaged in investment in various companies out of which the assessee earned income and this was the only source of income for the assessee. The Assessing Officer had failed to substantiate how the assessee was involved with N alleged to be an accommodation entry provider who had even otherwise not specifically mentioned the assessee to be the beneficiary of accommodation entry and the scrips of ICL to be a penny stock. Addition is deleted. (AY.2020-21)
Elara India Opportunities Fund Ltd. v. Dy. CIT (IT (2024) 113 ITR 275 (Mum) (Trib)
S. 68 : Cash credits-Long-term capital gains-Penny stock-Accommodation entry-International Conveyors Ltd-Addition is deleted.[S. 10(38), 45, 115BBE]
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