Rahul Gupta (HUF) v. ACIT (2023) 201 ITD 302 (Raipur) (Trib.)

S. 69A : Unexplained money-Long term capital gains-Penny stock-Paper company-Accommodation entries-Undisclosed income-Assessable under section 115BBE of the Act. [S.45, 68, 69D, 115BBE]

Assessing Officer held  that assessee had obtained bogus entries of Long-Term Capital Gain (LTCG) from purchase and sale of CCL shares. After verification, it was determined that assessee had introduced undisclosed funds in garb of said transactions. As a result, Assessing Officer treated entire sale proceeds as undisclosed funds. It was noticed that seven accommodation entry providers/brokers of bogus companies, had in their respective statements admitted/confirmed that shares of CCL were bogus scrips of a penny stock company which were used by them for providing bogus accommodation entries to various beneficiaries. One of director, who was also director of broker company from whom assessee claimed to have purchased shares clearly demolished its claim of having entered into a genuine transaction of purchase/sale of aforesaid shares. Tribunal held that  the assessee had not carried out any genuine transaction of purchase/sale of shares, and had only obtained an accommodation entry of bogus LTCG. (AY. 2015-16)

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