Sarika Bindal. v. ITO (2024) 205 ITD 49 (Delhi) (Trib.)

S. 69A : Unexplained money-Sale of shares-Long term capital gains-Penny stock-Both purchase and sale transactions were carried out through banking channel and by transfer of shares, long-term capital gain could not be regarded as sham profit and thus addition was not justified.[S. 10(38), 45, 69C]

Assessee purchased the shares of CCL International Ltd at Rs. 40 per share  and sold shares of a company at Rs. 526. 47 per share  much higher price than purchase price and claimed long-term capital gain as exempt under section 10(38). Assessing Officer treated long-term capital gain to be unaccounted income and invoking provisions of section 69A added same to assessee’s income.  He also treated a certain amount as unexplained transaction expenses and invoking provisions of section 69C added same to assessee’s income.  CIT(A) affirmed the addition. On appeal the Tribunal held that  since both purchase and sale transactions were carried out through banking channel and by transfer of shares and an astronomical increase in share price of a company in itself was not a justifiable ground for holding long-term capital gain to be an accommodation entry, long-term capital gain could not be regarded as sham profit and consequently addition under section 69A was not justified. (AY. 2015-16)