G.N. International (P.) Ltd. v. ACIT (2025) 214 ITD 180 (Delhi) (Trib.)

S.45: Capital loss-Sale of shares-Securities transaction tax–loss was allowable as a capital loss.

During the year, assessee sold shares of one company and claimed a loss of a certain amount-Assessing Officer noted that shares were purchased in a short span of a week and sold at very low prices. Since the price had drastically fallen and shares were held for a very short span of time, he concluded that the assessee had deliberately sold shares at a loss and doubted the genuineness of said loss and proceeded to disallow the short-term capital loss claimed by assessee. On appeal, the CIT(A) allowed the claim of the assessee. On appeal, the Tribunal held that the assessee had furnished complete details of the purchase and sale of shares, which were done on various dates at various prices prevailing in the secondary market. Further, the purchase and sale of shares were carried out by the assessee in the open market/secondary market through a registered share broker in a recognised stock exchange after due suffering of securities transaction tax. Order of CIT A) affirmed. (AY. 2017-18)

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