Jawaad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.) Fawad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.)

S. 69A : Unexplained money-Capital gains-Penny stock-Accommodation entry-Purchase and sale of sales through SEBI Registered Broker-Merely on basis of Investigation report that shares were penny stock-Addition not sustainable. [S. 10(38), 45]

Allowing the appeal the Tribunal held that  the Assessing Officer had not doubted any of these documents. The broker of the assessees was neither investigated nor examined by the Investigation Wing. Where the assessees had filed the entire evidence relating to purchase which was mostly through cheque shown in the earlier years, all the details of sale transactions and the shares which had been routed through dematerialised account and sold through stock exchange on a quoted price on that date, the onus shifted upon the Department to disprove the evidence. The assessees was not found to be beneficiary of accommodation entry under any inquiry or investigation. The money credited in the account of the assessees was from sale of shares and accordingly the benefit of long-term capital gains on sale of listed equity shares had to be given and the addition made under section 69A upheld by the Commissioner (Appeals) on the basis of report of the Investigation Wing that the shares was a penny stock was not sustainable. (AY. 2015-16)