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Issues involved: Assessment of short term capital gain, disallowance of expenses, disallowance of professional fees.
Assessment of short term capital gain: The assessee, an individual doctor, declared income from various sources including short term capital gain on sale of shares. The Assessing Officer (A.O.) disallowed expenses claimed against the gain, stating that interest payment on borrowed capital was not necessary for the share transfer. The A.O. also disallowed professional fees against income from other sources. The A.O. completed the assessment under section 143(3) of the Income Tax Act, 1961. The Commissioner of Income Tax (Appeals) upheld the A.O.'s decision. Disallowance of expenses: The assessee appealed against the disallowance of expenses amounting to &8377;16,71,795. During the appeal, the assessee pressed for the sustenance of disallowance of interest amounting to &8377;16,45,880, arguing it is a cost of investment and allowable. The Tribunal found that the issue of interest expenses was not properly examined by the Revenue authorities. It was held that interest paid for purchase of shares is part of the cost of acquisition and should be allowed. The matter was remanded back to the A.O. for fresh examination. Disallowance of professional fees: The assessee also contested the disallowance of professional fees of &8377;12,000. The Tribunal noted that the professional fees were claimed against income from other sources without sufficient justification under section 57 of the Act. As there was no evidence to support the claim, the disallowance was upheld. In conclusion, the Tribunal partly allowed the assessee's appeal for statistical purposes, remanding the issue of interest expenses back to the A.O. for reevaluation, while upholding the disallowance of professional fees.
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