Nalanda Builders (P.) Ltd. v. Dy. CIT (2025) 122 ITR 346 (Kol.)(Trib.)

S. 68 : Cash credits-Capital gains-Penny stock-Short-term capital loss-Addition based only on Investigation Wing and SEBI reports-Tuni Textile Ltd-Blue Circle Ltd-No independent enquiry-Loss allowable.[S. 10(38), 45]

The Assessing Officer disallowed the assessee’s short-term capital loss on the ground that the shares formed part of penny stock scrips allegedly manipulated by entry operators. The Tribunal held that the assessee had produced contract notes, demat statements, bank records and other documentary evidence, which the Assessing Officer neither disproved nor investigated independently. As no incriminating material linked the assessee with the alleged manipulation and the addition was based solely on Investigation Wing reports and statements of third parties, the disallowance of the loss was deleted. (AY. 2013-14).

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