Held that that the Assessing Officer nowhere pointed out any adverse finding against the assessee. The assessee had carried out the transactions in the scrips in question on the stock exchange through a registered broker and these were duly supported by documentary evidence. The Assessing Officer had not found any discrepancies in the documentary evidence. The income earned by the assessee and loss incurred on the script could not be held bogus. Thus, CIT (A) was justified in allowing loss in respect of shares of Vax Housing Finance Corp. Ltd and Arya Global Shares & Securities Ltd (AY. 2012-13)
ITO v. Champalal Gopiram Agarwal (2023)101 ITR 22 (SN)(Ahd) (Trib)
S. 28(i) : Business loss-Purchase and sale of shares-Penny stock-STT paid-Scripts manipulated by third parties-No adverse findings against assessee-Assessee made transactions in good faith-Loss not bogus-Loss allowed as business loss. [S. 10(32)]