Jayantilal Bhagwanchand v. ITO (2024) 231 TTJ 1032 / 38 NYPTTJ 1131 (Bang)(Trib)

S. 68 : Cash credits-Capital gains-Penny stock-Report from Investigation Wing-CI Ltd-Shares held for five years-Neither statements are not provided nor an opportunity of cross examination-Addition is deleted-Allowed exemption. [S. 10(38), 45]

Held that  once purchases have been admitted as genuine, then corresponding sales cannot be doubted until and unless some adverse materials are brought on record. No information was brought on record suggesting that there was an exchange of cash against the long-term capital gain shown by the assessee. Shares were sold through the stock exchange after payment of STT. Transactions have been confirmed by the brokers. Payments were received through demat account. In the absence of any specific finding against the assessee in the Investigation Wing report, the assessee cannot be held to be guilty or linked to the wrong acts of the persons investigated as far as long-term capital gain earned on sale of shares of CI Ltd. is concerned. Capital gain earned by the assessee cannot be held bogus merely based on some report/finding unearthed in case of third parties. Addition under s. 68 is deleted.  (AY.2011-12)

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