2014 (5) TMI 157 - HC - Income Tax

Deletion of disallowance of claim of share loss Detailed enquiry made by the AO - Whether the Tribunal was justified in upholding the order of the CIT(A) for deleting the addition made by the AO on account of disallowance of assessee s claim of share loss Held that - The Tribunal was rightly of the view that the AO has made his suspicion that the share loss claimed by the assessee is bogus only on the reasons that the assessee has been claiming loss of shares continuously - the share brokers through whom the assessee entered into shares transactions were the registered stock brokers - the assessee has been able to produce all the relevant documentary evidence in respect of the shares transactions entered into thus, no question of law arises for consideration Decided against Revenue.

Summary

Issues:
- Whether the Income Tax Appellate Tribunal was justified in upholding the order of the Commissioner of Income Tax (Appeals) deleting the addition made by the Assessing Officer on account of disallowance of the assessee's claim of share loss.

Analysis:
The case involved the assessment of an investment limited company, primarily earning income through interest, which also engaged in the purchase and sale of shares. The Assessing Officer disallowed the claim of share loss amounting to Rs. 8,60,231, considering the transaction suspicious and not genuine. The CIT (Appeals) partially allowed the appeal, deleting the addition. Subsequently, the revenue appealed to the Income Tax Appellate Tribunal (ITAT), which dismissed the appeal. The Tribunal found that the Assessing Officer's suspicion of the share loss being bogus lacked substantial evidence. The Tribunal noted that the assessee provided relevant documentary evidence, including bills of purchase and sale, and the involvement of registered stock brokers in the transactions. The Tribunal concluded that the Assessing Officer's doubts were unfounded, upholding the CIT (Appeals) order.

The Tribunal's decision was based on a thorough examination of the facts and evidence on record. The Tribunal highlighted that the Assessing Officer's suspicion was primarily based on the continuous claim of share loss by the assessee and specific transactions involving shares of certain companies. However, the Tribunal found no concrete reasons to doubt the genuineness of the transactions. The Tribunal emphasized that the assessee's provision of documentary evidence, along with the involvement of registered stock brokers, supported the legitimacy of the share transactions. The Tribunal concluded that the Assessing Officer's suspicions lacked a solid foundation and upheld the CIT (Appeals) decision to delete the addition of the share loss amount.

In the final analysis, the High Court concurred with the Tribunal's findings, stating that they were factual and based on the evidence presented. The High Court held that no substantial question of law arose from the Tribunal's order. Consequently, the High Court dismissed the appeal, affirming the decisions of the lower authorities regarding the disallowance of the share loss claim.