Neeta Bothra (Mrs.) v. ITO (2021) 92 ITR 450 (Chennai)(Trib.)

S. 68 : Cash credits-Penny stock-Long term capital gains-Sale of shares-Broker on SEBI watchlist-Addition was deleted. [S. 10(38), 45]

Allowing the appeal the Tribunal held that  the Assessing Officer had not made any adverse comments on the evidence filed by the assessee, but disbelieved it only because the broker was under the SEBI watchlist for fraudulent and unfair trade practices relating to securities markets. There was no evidence for such a conclusion, which was purely based on suspicion and surmises. Without sufficient evidence, the transaction of sale and purchase of shares through a recognised stock exchange could not be treated as unexplained cash credit under section 68. Addition was directed to be deleted. (AY.2012-13, 2013-14)