Assessee filed return of income which was processed under section 143(1). Subsequently, Assessing Officer reopened assessment based on information from Investigation Wing that assessee had claimed exemption under section 10(38) on Long-Term Capital Gain (LTCG) arising from sale of shares of a company-However, records revealed that there was no LTCG on sale of shares of said company, and assessee had in fact offered Short-Term Capital Gain (STCG) to tax in original return. The Tribunal held that no material was placed on record to show how Assessing Officer concluded that LTCG exemption had been claimed.On appeal order of Tribunal is affirmed. (AY. 2012-13)
PCIT v. Nikunj Dhanuka (2025) 305 Taxman 661 (Cal)(HC)
S. 147 : Reassessment-Long term capital gains from equities-Information from Investigation wing-Shown as short term capital gains-The Tribunal held that no material was placed on record to show how Assessing Officer concluded that LTCG exemption had been claimed. On appeal order of Tribunal is affirmed. [S. 10(38) 45, 143(1), 260A]
Leave a Reply