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TMI Blog2013 (3) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... 3-2013 - Shri B. Ramakotaiah, Accountant Member Shri Sanjay Garg, Judicial Member For the Appellant: Shri A.K. Kardam, DR For the Respondent: Shri V.K. Tulsian O R D E R Per B. Ramakotaiah, A.M. This is an appeal by the Revenue directed against the orders of the CIT (A)-25, Mumbai dated 24.11.2009. The Revenue has raised the following two grounds: 1. On the facts and in the circumstances of the case, the learned CIT (A) is erred in deleting addition of ₹ 26,73,536 made by AO as income from other sources in respect of Long Term Capital Gain shown by assessee as sale of shares of M/s Talent Infoway Ltd. 2. Whether on the facts and circumstances of the case the learned CIT (A) ought to have apprecia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... axed at the prevailing rate as no STT was paid by assessee on the said transaction and as provisions of section 10(38) are not satisfied. In view of the above, the Revenue is in appeal before us. 4. At the outset it was submitted that the similar issue was agitated in assessment year 2005-06 in the husband s case on the basis of which the learned CIT (A) also examined the issue and deleted the addition. In the order of the ITAT in ITA No.5302/Mum/2008 for assessment year 2005-06 in assessee s husband s case is as under: 11. Having heard both the parties and having considered their rival contentions, we find that the AO has treated the said transactions as bogus transactions on the ground that; a) The sale transactions were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken note of by this Tribunal in the case of Shri Pinakin L. Shah [cited supra], to which one of us i.e. the Judicial Member, is a party. In these facts and circumstances of the case, we do not see any reason to interfere with the order of the CIT[A] and the same is upheld . 5. Since the facts are similar to the earlier year and since assessee has furnished copy of the sale bills of the sale of Talent Infoway Ltd, and bank statements including purchase contract notes and other details on the basis of which CIT(A) held the transactions as genuine, we do not see any reason to interfere with the order of the CIT (A). Since AO also relied on the findings in the case of assessee s husband in assessment year 2005-06 and the learned CIT (A) al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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