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2011 (11) TMI 472 - AT - Income TaxUnexplained credit - surrender value of India Millennium Deposit(IMD) being gifted to assessee - invalid gift on ground that proforma on the reverse side of the bond had not specifically stated that bonds were gifted without any consideration - Held that - Endorsement made by donor on the reverse side of the certificates is a sufficient proof to the fact that assessee has received the same on 24.02.2003 as a gift and CIT(A) has rightly deleted the additions. It is further observed that AO has brought no evidence on record to show that the deposit in the bank account was the income from other sources of assessee for the year under consideration - Decided in favor of assessee. Long Term Capital gains treated as Unexplained credit - entire transactions of alleged sales and purchases of shares and earning of LTCG is colourable - Held that - When once the assessee had submitted the complete documentary evidence to prove its transactions of purchase and sale of shares by providing contract notes demat account and bank transactions and in the absence of any contrary evidence brought on record by AO to treat the said transactions as false or fictitious simply based on the information submitted by Stock Exchange the Revenue authorities is not justified to doubt the genuineness of the transactions. Thus confirming the order of CIT(A) deleting the addition and treating the same as long term Capital Gains - Decided in favor of assessee.
Issues Involved:
1. Deletion of addition amounting to Rs. 68,66,377/- in respect of unexplained credit. 2. Deletion of addition of Rs. 20,82,170/- as unexplained credit under Section 68 of the Income Tax Act. Issue-wise Detailed Analysis: 1. Deletion of Addition Amounting to Rs. 68,66,377/- in Respect of Unexplained Credit: The Revenue appealed against the deletion of an addition of Rs. 68,66,377/- by the CIT(A), which the Assessing Officer (AO) had added as unexplained credit under Section 68 of the Income Tax Act. The AO had questioned the legitimacy of the credit in the assessee's capital account, which was claimed to be the redemption value of India Millennium Deposit (IMD) Bonds gifted by an NRI, Shri Keshari Chand Chhajer. The AO doubted the genuineness of the gift due to the lack of a formal gift deed, the absence of the gift in the balance sheet for the assessment year 2003-04, and the nature of the relationship between the donor and the assessee. The CIT(A) observed that the IMD Bonds were indeed gifted by Shri Chhajer on 24.02.2003, as evidenced by the endorsement on the reverse side of the bond certificates. The bonds matured on 29.12.2005, and the redemption amount was credited to the assessee's account on 17.02.2006. The CIT(A) noted that the AO did not provide any substantial evidence to contradict the documentary proof provided by the assessee, such as the IMD Bonds, redemption application form, and bank statements. The CIT(A) emphasized that suspicion cannot replace real evidentiary documents and concluded that the AO was not justified in treating the gift as unexplained credit. The Tribunal upheld the CIT(A)'s decision, noting that the AO failed to bring any evidence to show that the deposit in the bank account was the income from other sources. The Tribunal found no reason to interfere with the CIT(A)'s order and dismissed the Revenue's appeal on this ground. 2. Deletion of Addition of Rs. 20,82,170/- as Unexplained Credit under Section 68: The second issue involved the deletion of an addition of Rs. 20,82,170/- by the CIT(A), which the AO had treated as unexplained credit under Section 68. The AO questioned the genuineness of the Long Term Capital Gains (LTCG) claimed by the assessee from the sale of shares of Poonam Pharma Ltd. The AO based his conclusion on information from the Kolkata Stock Exchange, which indicated that the broker did not report the transactions to the exchange. The CIT(A) accepted the assessee's claim, noting that the shares were reflected in the balance sheets for the preceding years and were credited to the assessee's demat account. The CIT(A) emphasized that the AO did not provide any positive evidence to counter the documentary proof submitted by the assessee, such as contract notes, bank statements, and demat account details. The CIT(A) concluded that the AO's suspicion was not sufficient to discredit the genuine documentary evidence provided by the assessee. The Tribunal upheld the CIT(A)'s decision, citing a recent judgment by the Hon'ble Calcutta High Court in a similar case, which held that in the absence of any contrary evidence, the Revenue authorities cannot doubt the genuineness of transactions based solely on information from the Stock Exchange. The Tribunal found no infirmity in the CIT(A)'s order and dismissed the Revenue's appeal on this ground as well. Conclusion: The Tribunal dismissed the Revenue's appeal in its entirety, upholding the CIT(A)'s deletion of additions amounting to Rs. 68,66,377/- and Rs. 20,82,170/- as unexplained credits. The Tribunal emphasized the importance of documentary evidence and noted that mere suspicion cannot replace real evidentiary documents.
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