PCIT v. Sandipkumar Parsottambhai Patel (2023) 457 ITR 368 / 292 Taxman 579 (Guj.)(HC) Editorial : Order of Tribunal in Sandipkumar Parsottambhai Patel v. ACIT (2022) 137 taxmann.com 373 (Surat)(Trib. (ITA Nos 8 &9 (STR) of 2019 dt.29-11-2021 is affirmed.

S. 68 : Cash credits-Sale of shares-Capital gains-Penny stock-Finding of investigation wing-Exemption-Sham transaction-transactions were done through recognized stock exchange-There was no evidence that assessee had paid cash in return of receipt through cheque-Order of Tribunal deleting the addition was affirmed. [S. 10(38), 45, 69C]

Assessee claimed exemption under section 10(38) in respect of long-term capital gain earned on sale of shares  of Global Securities Ltd  Assessing Officer denied exemption on ground that transactions in purchase and sale of shares were sham transactions and treated sale proceeds of shares as undisclosed income under section 68 of the Act. The statement of Shri Anil Keemka was also referred in the assessment order. Commissioner (Appeals) also  upheld addition. On appeal the  Tribunal held that the  Assessing Officer had not found any fault in documents produced by assessee, payments were received through account payee cheques and transactions were done through recognized stock exchange, and there was no evidence that assessee had paid cash in return of receipt through cheque held that transactions were genuine and deleted addition. On appeal by Revenue High court affirmed the order of the Tribunal. (AY. 2013-14, 2014-15)