Electrocast Sales India Ltd. v. DCIT (2018) 170 ITD 507 (Kol) (Trib.)

S. 74 : Losses – Capital gains -Unquoted shares-Sale of shares at Rs 2 per share – long-term capital loss on issue of shares cannot be disallowed merely on basis of suspicion and conjectures without making any enquiries in the hands of the purchaser of shares.

Assessee incurred long-term losses on sale of unquoted shares  which was disallowed by the AO on the ground that sale considerationof Rs 2 per share  had been grossly understated. Allowing the appeal of the assessee the Tribunal held that ,the onus was on revenue to prove with cogent materials that assessee had indeed received higher sale price . Since no enquiries whatsoever were conducted in hands of purchaser of shares,  disallowance made on basis of suspicion and conjectures was to be deleted .( AY. 2012-13)