2021 (7) TMI 502 - AT - Income Tax

Bogus LTCG - Unexplained cash credit u/s 68 - penny stock purchases - HELD THAT - CIT(A) held that the AO has clearly established the fact that the impugned transaction is manipulated with the collusion of brokers to paint credit worthiness to the transaction and to claim exemption u/s. 10(38) of the Act and sustained the respective assessment. We find from the records that the respective assessee has not placed any material to dislodge the findings recorded by the Ld. CIT(A). Therefore, all the above appeals, filed by the respective assessee, are dismissed.

Summary

Issues:
Appeals against orders of Commissioner of Income Tax (Appeals) regarding assessment years 2011-12 & 2012-13 - Claim of long term capital gain as exempt income u/s. 10(38) - Allegations of penny stocks, accommodation entries, and bogus LTCG - Reopening of assessments - Addition of entire sale proceeds as unexplained credit u/s. 68 - Disallowance of claim u/s. 10(38) - Violation of principles of natural justice - Failure to produce evidence of genuine transactions - Failure to challenge CIT(A)'s findings - Dismissal of appeals.

Analysis:
The assessees filed appeals against the orders of the Commissioner of Income Tax (Appeals) concerning the assessment years 2011-12 & 2012-13, disputing the denial of exemption u/s. 10(38) for long term capital gains claimed as exempt income. The Assessing Officers reopened the assessments based on information from the Investigation Wing in Kolkata regarding alleged penny stocks, accommodation entries, and bogus LTCG. The AO, after detailed analysis, concluded that the transactions were not genuine, leading to the addition of entire sale proceeds as unexplained credit u/s. 68. The CIT(A), considering submissions and case laws, upheld the AO's findings, stating that the transactions were manipulated with the collusion of brokers to claim exemption u/s. 10(38). The assessees failed to challenge these findings with relevant material, leading to the dismissal of their appeals.

The assessees contended that the AO lacked tangible material to reopen the assessments under section 147 and violated principles of natural justice by not providing the broker's statement. They also argued that evidence proving the genuineness of transactions, including bills and STT certificates, was disregarded. However, the CIT(A) found the AO had established collusion with brokers to fabricate creditworthiness and dismissed the appeals due to the lack of evidence challenging this finding. The assessees' failure to produce material to counter the CIT(A)'s conclusions led to the dismissal of their appeals against the addition of unexplained credits u/s. 68.

During the hearing, the assessees did not present themselves, and the Departmental Representative highlighted that the AO had given opportunities to cross-examine brokers and provide evidence, which the assessees declined. The DR emphasized that the transactions were deemed unnatural and pre-determined, with the assessees failing to prove their genuineness. The CIT(A) upheld the AO's findings based on the evidence and case laws cited, as the assessees did not challenge these conclusions with substantiating material. Consequently, the appeals were dismissed, affirming the addition of unexplained credits u/s. 68 and denial of exemption u/s. 10(38) for the long term capital gains.