2010 (2) TMI 1213 - AT - Income Tax

Summary

Issues involved: Appeal against CIT(A) order disallowing losses on share transactions and statutory payments.

Loss on share transactions:
The assessee claimed loss on share transactions for A.Y. 2001-02, which was disallowed by the A.O. based on SEBI and JPC reports. The CIT(A) upheld the disallowance citing a similar case. The appellant argued that the loss was genuine and supported with evidence, refuting A.O.'s observations. The Tribunal found that A.O. disallowed the claim based on general principles without examining individual details. Referring to a similar case where loss was allowed, the Tribunal directed A.O. to re-examine the nature of transactions without being influenced by external reports, ensuring the assessee is given a fair opportunity.

Statutory payments disallowance:
The second ground pertained to disallowance of Provident Fund payments under sections 36(1)(va) and 43B due to delayed deposits. The appellant argued for deletion of disallowance citing retrospective application of an amendment upheld by the Supreme Court. The Tribunal directed A.O. to allow the amount covered by section 43B based on the Supreme Court ruling, partially allowing the ground.

In conclusion, the appeal was treated as partly allowed, with directions for re-examination of share transaction losses and allowance of Provident Fund payments based on legal provisions.