Allowing the appeal of the assessee the Tribunal held that ;the assessee has filed all necessary evidences in support of the transactions. Some of these evidences are (a) evidence of purchase of shares, (b) evidence of payment for purchase of shares made by way of account payee cheque, copy of bank statements, (c) copy of balance sheet disclosing investments, (d) copy of demat statement reflecting purchase, (e) copy of merger order passed by the High Court , (f) copy of allotment of shares on merger, (g) evidence of sale of shares through the stock exchange, (h) copy of demat statement showing the sale of shares, (i) copy of bank statement reflecting sale receipts, (j) copy of brokers ledger, (k) copy of Contract Notes etc. Accordingly the addition as cash credit is held to be not justified .(ITA. No. 2474/Kol/2018, dt. 01.02.2019)(AY. 2014-15)
Mahavir Jhanwar v ITO (Kol)(Trib), www.itatonline.org
S.45 :Capital gains- Cash credits -Bogus long-term capital gains-Penny stocks- Filed evidences for (a) purchase of shares, (b) payment by account payee cheque, (c) balance sheet disclosing investments, (d) demat statement (e) evidence of sale of shares through stock exchange, (e) bank statement reflecting sale receipts, (f) brokers ledger, (g) Contract notes etc, the gains cannot be treated as bogus on human probabilities, suspicion, conjectures and surmises – Addition as cash credits is deleted [ S.10(38) ,68 ]