Assessee purchased shares of Conarat Traders Ltd through P. Saji Textiles Ltd that later on amalgamated with Sunrise Asian Ltd. The assessee sold the shares and claimed exemption. The AO denied the exemption on the ground of accommodation entries. CIT(A) allowed the exemption. On appeal the Tribunal held that the assessee has filed details of the demat account, brokers note and bank details to justify genuineness of the purchase and sale of the shares which have not been disproved by the authorities below. Assessee sold the shares held in demat account and transactions were performed on a recognised stock exchange through registered broker at the price appearing on the exchange portal. At the point of time of sale of shares, companies were not marked as shell companies by SEBI nor the trading of these scrips were suspended. No opportunity was awarded for cross-examination of the third person who was allegedly found to be providing accommodation entries. Order of the CIT(A) deleting the addition on account of disallowance of claim of exemption of long term capital gains on sale of shares under S 68 and commission payment under S. 69C is upheld. (AY.2014-15)
ITO v. Hemant Gokhru (2024) 165 taxmann.com 173 / 228 TTJ 697 / 237 DTR 17 / 38 NYPTTJ 102 (Jodhpur)(Trib)
S. 68 : Cash credits-Shares-Capital gain-Exemption-Transferred to Demat account-Amalgamated-Penny stock-Accommodation entry-Sunrise Asian Ltd-Cross examination not provided-Order of CIT(A) deleting the addition is affirmed.[S.10(38), 45, 69C]
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