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2016 (3) TMI 177 - AT - Income TaxProfit on sale of shares - short term capital gains subject to tax @ 10% as per provisions of sec. 111A OR addition(s) made by Assessing Officer on account of unexplained credits u/s 68 - non-genuine purchases/sales of transactions of shares - Held that - The sale consideration received from sale of equity shares at ₹ 49,66,501/- cannot be treated as unexplained cash credit u/s 68 of the Act because assessee has offered complete explanation about the nature and source of the credit which has happened in the year under appeal through bank transaction and complete details of M/s Grishma Securities P. Ltd. (from whom the sale consideration of ₹ 49,66,501/- is received) in the form of its membership No., contract note, SEBI registration No., PAN and bank details were made available to the Assessing Officer. The transaction being chargeable to STT 2nd condition laid down in Section 111A(1)(b) is also satisfied. So far as payment or recovery of STT is concerned, it can be taken care of by Chapter VII of the Finance No.2 Act of 2004 which provides for assessment, collection recovery of STT. Recognized stock exchange had been empowered to collect the STT, the A.O. is empowered to make assessment of such STT as per Section 102 of STT Act as per Chapter VII of the Finance Act No.2 of 2004. There is no contrary material to hold that is not in fact STT but some other charges except the apprehension of the A.O. which is not found substantiated. We, accordingly uphold the contention of the assessee and as accepted by Ld. CIT(A) that the sum is in fact STT duly deducted by the broker from the payments made to the assessee on sale of shares. - Decided in favour of assessee
Issues Involved:
1. Whether the profit on the sale of shares should be treated as short-term capital gains subject to tax at 10% under Section 111A of the Income-tax Act, 1961. 2. Whether the addition made by the Assessing Officer (AO) on account of unexplained credits under Section 68 of the Act was justified. Issue-wise Detailed Analysis: 1. Treatment of Profit on Sale of Shares as Short-term Capital Gains: The primary issue in these appeals was whether the profit from the sale of shares should be taxed as short-term capital gains under Section 111A of the Income-tax Act, 1961, at a concessional rate of 10%. The assessee had declared short-term capital gains from the sale of shares of M/s Seagull Leafin Ltd. (SSL) and claimed the benefit of the concessional tax rate. The AO, however, treated the transactions as non-genuine and taxed the sale consideration as unexplained cash credits under Section 68 of the Act. The CIT(A) had previously ruled in favor of the assessee, directing the AO to treat the gains as short-term capital gains taxable at 10%. The CIT(A) relied on the fact that the assessee had furnished all necessary documents, including contract notes, demat account statements, and bank statements, to substantiate the genuineness of the transactions. The CIT(A) also referenced a similar case involving the sale of SSL shares, where the Tribunal had ruled in favor of the assessee. The Tribunal, upon reviewing the facts and the CIT(A)'s decision, upheld the CIT(A)'s order. The Tribunal noted that the assessee had provided sufficient evidence to prove the genuineness of the transactions and the fulfillment of conditions laid down in Section 111A. The Tribunal also referenced a previous decision in ITA No.4082/Ahd/2008, where similar transactions were deemed genuine and eligible for the concessional tax rate under Section 111A. 2. Addition Under Section 68 for Unexplained Credits: The AO had added the sale consideration of Rs. 49,66,501/- as unexplained cash credits under Section 68 of the Act, arguing that the transactions were not genuine and were off-market deals. The AO's basis for this addition was that SSL was a penny stock and not listed on the stock exchange, and the assessee had not engaged in any other share transactions during the year. The CIT(A) rejected the AO's addition, stating that the assessee had provided all necessary documents to prove the identity, creditworthiness, and genuineness of the transactions. The CIT(A) emphasized that no new facts were brought on record by the AO to counter the evidence provided by the assessee. The Tribunal concurred with the CIT(A)'s findings, stating that the sale consideration could not be treated as unexplained cash credits under Section 68 because the assessee had offered a complete explanation about the nature and source of the credit. The Tribunal noted that the assessee had conducted the transactions through recognized channels, provided all relevant details, and fulfilled the conditions laid down in Section 111A. Conclusion: The Tribunal dismissed the appeals filed by the Revenue, upholding the CIT(A)'s decision to treat the profit on the sale of shares as short-term capital gains taxable at 10% under Section 111A and rejecting the addition made under Section 68 for unexplained credits. The Tribunal's decision was based on the thorough documentation provided by the assessee and the precedent set by similar cases. The Tribunal found no reason to deviate from the CIT(A)'s well-reasoned and evidence-backed conclusions.
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