PCIT v. Dipansu Mohapatra (2023) 293 Taxman 173 / (2024) 463 ITR 678 (Orissa)(HC) Editorial : SLP of Revenue is dismissed , delay is not condoned , leaving the questions of law, if any ,open , PCIT v .Dipansu Mohapatra (2024)463 ITR 681 (SC)

S. 45 : Capital gains-Long term capital gains from equities-Survey-Report from investigation wing-Accommodation entries-Kolkata based companies-Order of Tribunal allowing the claim is affirmed. [S. 10(38), 68, 69, 133A]

The Assessee filed revised return wherein exemption claimed under section 10(38) was withdrawn and entire income was offered for tax as income from other sources.  During scrutiny proceedings the assessee claimed that revised return was filed under duress during survey and claim made under section 10(38) in original return was valid.  On the basis of Investigation report  on the  group companies the Assessing Officer denied the exemption claimed under section 10(38) of the Act and treated same as bogus on the  ground that receipts constituted accommodation entries.  On appeal the Tribunal  considering the  details of purchase and sales were placed before Assessing Officer along with contract notes for purchase and sale, demat account and bank statement  allowed the claim of the assessee.  Tribunal  also held that no incriminating material were found during survey and statements relied upon were recorded much before date of survey conducted at premises of assessee. On appeal by the Revenue, High Court affirmed the order of the Tribunal. CBDT No. 286/98/2013, dated 09-01-2014. (AY. 2014-15  2015-16)