2022 (5) TMI 1009 - AT - Income Tax

Addition u/s 68 - transaction was accommodation entry arrangement - bogus long term capital gain on the sale of shares - HELD THAT - As assessee has not furnished any material suggesting that the transaction in question was genuinely in normal course and was not accommodation entry arrangement as held by the authorities below. In the absence of any supporting evidence regarding claim of the assessee we see no reason to interfere with the finding of the learned CIT(Appeals) and the same is hereby upheld. - Decided against assessee.

Summary

Issues:
1. Denial of exemption of long term capital gain on sale of equity shares.
2. Addition made under section 68 of the Income Tax Act.

Analysis:

Issue 1: Denial of exemption of long term capital gain on sale of equity shares
The appellant contested the denial of exemption by the Commissioner of Income Tax (Appeals) (CIT(A)) regarding long term capital gain (LTCG) on the sale of equity shares. The assessing officer alleged the LTCG to be bogus and an accommodation entry based on information from the Investigation Wing. The CIT(A) upheld the assessing officer's decision, citing the preponderance of probability and lack of documentary evidence from the appellant. The appellant argued for exemption under section 10(38) of the Act, stating the shares were held long term and sold on a recognized stock exchange with Securities Transaction Tax paid. However, the CIT(A) found the appellant's explanation insufficient, emphasizing the unrealistic rise in share price, poor financial health of the companies, and involvement in an accommodation entry scam. The Tribunal upheld the CIT(A)'s decision due to the lack of contrary evidence or justification provided by the appellant, leading to the dismissal of the appeal.

Issue 2: Addition made under section 68 of the Income Tax Act
The assessing officer made an addition under section 68 of the Act regarding the long term capital gain claimed by the appellant on the sale of shares. The assessing officer deemed the transaction as an accommodation entry arrangement, leading to the addition of the LTCG amount. The CIT(A) supported this decision based on detailed investigations and substantial evidence collected, including abnormal investment behavior, involvement in a scam, and the poor financial status of the companies. The CIT(A) rejected the appellant's justifications, highlighting the lack of financial or economic basis for the share price increase and the absence of credible evidence supporting the appellant's claims. The Tribunal affirmed the CIT(A)'s findings, emphasizing the lack of rebuttal evidence from the appellant and the validity of the assessing officer's actions. Consequently, the appeal was dismissed, and the assessing officer's addition under section 68 was upheld.

In conclusion, the Tribunal upheld the decisions of the CIT(A) and the assessing officer regarding the denial of exemption for LTCG and the addition made under section 68 of the Income Tax Act due to insufficient evidence and justifications provided by the appellant. The judgment highlighted the importance of substantiating claims with credible evidence and the consequences of engaging in accommodation entry arrangements.