Satish Kishore. v. ITO (2019) 179 ITD 333/(2020) 203 TTJ 749 / Nawal Kishore v. ITO ( 2019 ) 179 ITD 333/ ( 2020) 203 TTJ 749 (Delhi)(Trib.)

S. 68 : Cash credits–Share transactions–Accommodation entries-Unaccounted money-denial of exemption is held to be justified. [S. 10 (38), 45]

Assessee filed the return declaring   long-term capital gain on sale of shares as exempt under S. 10(38) of the Act.AO held that the amount  received as unexplained cash credit on the ground that  the assessee failed to discharge burden of proof and explain nature and source of transaction and huge profit in all shares traded by assessee against human probability. CIT (A) also affirmed the order of the AO. On appeal the Tribunal held that the assessee failed to justify manifold increase in prices of shares despite weak financials of companies. Further, investigation carried out by Department had brought facts on record that share prices had been manipulated artificially, purchased by a set of accommodation entry provider companies controlled by cartel of brokers, entry operator, etc. Moreover, fact that prices of all shares purchased by assessee went up, that too without any corresponding profit or prospects of company, and not even in single case price of share came down, was against human probabilities and impugned year was an isolated year of such profits with no such profits made in earlier or subsequent years .Accordingly as the assessee failed to prove genuineness of transaction and long-term capital gain on sale of shares by assessee was an arranged affair to convert its own unaccounted money and thus, exemption claimed under S.  10(38) on sale of shares had rightly been disallowed. (AY. 2015-16)