Held that the Assessing Officer had not applied his mind to the relevant facts in right perspective of law or carried out required enquiries in respect of short-term capital loss declared by the assessee. To this extent, the assessment order passed by the Assessing Officer was erroneous. Tribunal also held that since, the transactions between the assessee and the eight companies were not at arm’s length price the resultant loss declared by the assessee from transfer of equity shares could at best be treated as structured transactions to derive undue benefit of short-term capital loss. The Assessing Officer having failed to carry out the required enquiries he ought to have carried out in the light of Explanation 2 to section 263 of the Act, thus, the assessment order passed by the Assessing Officer under section 143(3) of the Act was prejudicial to the interests of the Revenue. Therefore, the findings of the Principal Commissioner were proper.(AY.2017-18)
Mercantile Ventures Ltd. v. ACIT (2024)110 ITR 41 (SN)(Chennai)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Short-term capital loss-Unquoted equity shares-Valuation of market value is not in accordance with Rule11UA(1)(c)-Control and management of companies are with related parties-Transactions are not at arm’s length-Revision is justified. [S. 263, Explanation 2, R.11UA(1), Companies Act, 2013, S. 53]
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