PCIT v. Anupama Mohapatra (2024) 299 Taxman 177 (SC) Editorial : PCIT v. Anupama Mohapatra (2024) 161 taxmann.com 702 (Orissa)(HC)/ PCIT v. Dipansu Mohapatra (2023] 293 Taxman 173 /[2024] 463 ITR 678 (Orissa)(HC)

S. 68 : Cash credits-Long term capital gains from equities-Penny stock-Accommodation entries-Survey-Report of Investigation Wing-Delay of 303 days-Explanation offered by the Revenue is held to be not sufficient to condone the delay-SLP of Revenue is dismissed. [S. 10(38), 45 Art.136]

Assessee filed return and claimed deduction under section 10(38) During survey conducted at business premises of assessee’s group companies, it was noted from report of Investigation Wing that assessee was in list of beneficiaries who had allegedly taken accommodation entries from Kolkata based companies.  Assessing Officer treated long term capital gain as bogus on ground that receipts constituted accommodation entries taken by assessee.  CIT(A) deleted the addition. On appeal the Tribunal  held  that all details of purchase and sales were placed before Assessing Officer along with contract notes for purchase and sale, demat account and bank statement. Accordingly the  Tribunal allowed claim of assessee by holding that no incriminating materials were found during survey and statements relied upon were recorded much before date of survey conducted at premises of assessee. High Court  affirmed the order of the Tribunal. SLP of Revenue is dismissed on the ground that the Revenue has not explained the delay of 303  days in filling the SLP.