Assessee filed its return for relevant year-Subsequently, pursuant to a survey assessee filed revised return and claimed exemption in respect of long-term capital gains on shares under section 10(38) Assessing Officer rejected assessee’s plea and made additions under sections 68 and 69 by relying on statements from entry operators. On appeal, Commissioner (Appeals) accepted assessee’s claim, noting that shares were purchased via Account Payee Cheques, held in a Demat Account for over 12 months, and sold through a recognized stock exchange after payment of security transaction tax. Tribunal upheld Commissioner (Appeal)’s decision, emphasizing assessee’s right to correct mistakes and criticized Assessing Officer’s reliance on statements from entry operators to support additions under sections 68 and 69 as those statements were recorded in unrelated proceedings before survey on assessee, and assessee was not afforded an opportunity to challenge or cross-examine providers of those statements. On revenue’s appeal, High Court confirmed order of Tribunal. SLP of Revenue is dismissed. (AY. 2014-15)
PCIT v. Kuntala Mohapatra (2024) 298 Taxman 545 /466 ITR 150 (SC) Editorial : PCIT v. Kuntala Mohapatra(2024) 160 taxmann.com 567 (Orissa)(HC)
S. 68 : Cash credits-Capital gains-Long term capital gains on sale of shares-Demat account for more than 12 months-Entry operator-Sold through stock exchange after payment of security transactions tax-Denial of opportunity of cross examination-Entitle to exemption-Tribunal is justified in deleting the addition-SLP of Revenue is dismissed. [S. 10(38), 45, 69, 133A, Art. 136]