Assessee had sold shares and claimed exemption under section 10(38) of the Act. Assessing Officer made an addition of same as unexplained cash credit under section 68. Order of AO is up held by the CIT(A)). On appeal the Tribunal held that addition cannot be made solely on premise of alleged price rigging in PMC Fin Corp script. The shares were sold through recognized stock exchange through D-Mat and STT was also paid. The Tribunal held that purchasing shares from the stock exchange platform is not unlawful and continuous buying of shares at increased price does not contravene any provisions of SEBI laws. Denial of exemption is not justified. Followed, PCIT v. Dipansu Mohapatra (2024) 298 Taxman 194/ 463 ITR 681 (SC) (AY. 2013-14)
Rama Mittal. v. ITO, NFAC (2024) 207 ITD 336/116 ITR 383 (Amritsar) (Trib.)
S. 68 : Cash credits-Sale of shares-Penny stock-PMC Fin Corp script-Long term capital gains-D-Mat account-Sale through recognized stock exchange-STT paid-Purchasing shares from the stock exchange platform is not unlawful and continuous buying of shares at increased price does not contravene any provisions of SEBI laws-Denial of exemption is not valid. [S.10(38), 45]