Assessee had made a short-term capital gain on sale of shares of a company and claimed short-term capital loss on sale of shares of another company.Assessing Officer held that shares of both companies were purchased at Rs. 100 per share and sold at Rs. 12.20 per share and held that transaction of purchase and sale of shares was a tax avoidance measure and disallowed short-term capital loss. Commissioner (Appeals) and Tribunal confirmed order of Assessing Officer. On appeal the Court held that since Assessing Officer held that transaction of purchase and sale of shares was a sham transaction, the order of Tribunal order did not raise any substantial question of law. (AY. 2010-11)
Trends Pharma v. ITO (2025) 304 Taxman 150 (Bom.)(HC)
S. 48 : Capital gains-Computation-Purchase and sale of shares-Sham transactions-Set off of short term loss against short term capital gains-Order of Tribunal disallowing the loss is affirmed.[S. 45, 260A]
Leave a Reply