Tribunal held that the Assessing Officer had taken a plausible view that the transaction was not a penny stock trading, but in fact genuine trading transactions of VIL shares and accordingly allowed the claim of short-term capital gains returned by the assessee. The Principal Commissioner having not pointed out insufficiency in the explanation and the evidence filed by the assessee, and also not specifying what information was with the Assessing Officer against the assessee, there could be no finding of error in the order of the Assessing Officer accepting the assessee’s claim of the transactions being genuine. Revision order was set aside. (AY.2011-12)
Mohsin Zulfikar Koradia v. PCIT (2022)100 ITR 25 (SN)(Ahd) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Short term capital gain-Accommodation entries-Penny stock-Plausible view-Revision is not valid [S. 45]