9911796707
TMI Blog2012 (3) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... sue in both appeals is the alleged computation of long-term capital gain in respect of alleged uncoated shares of group companies.. 3. The grounds of appeal for the assessment year 2005-06 are as under: - In the course of assessment proceedings, the additions were made to the tune of ₹ 64,62,871/- as the asessee had claimed LTCG of the said amount which was treated as in genuine as the gain pertain to trading in penny stocks. During the year, the assessee had indulged in sale of two scripts, namely PSL Financial Services Ltd and G.K Consultants Ltd In the process of sale of the above-mentioned script the assessee had earned Long Term Capital Gain to the tune of ₹ 64,62,871/-. If the holding pattern of the assessee was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h prior experience or background in trading of shares. 3. That Ld. CIT(A) erred in failing to appreciate the fact that the assessee claimed to have earned such huge amount of Capital Gain by mere sale of two penny stocks listed in Calcutta Stock Exchange namely G.K Consultant Ltd and Sarang Viniyog Ltd. 5. As it is a clear picture of dispute, we heard the learned DR at length and the learned counsel for the assessee. In response to AO s request, the Calcutta Stock Exchange gave their reply. Query was relating to provide trade details of the assessee s broker, Basant Periwal Co. on dates on which the sales of scripts were made. There was an allegation against share broker, Basant Periwal Co., who allegedly indulged in cross deal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are of the view that the impugned order of the learned Commissioner of Income-tax (Appeals) is quite justified. The Assessing Officer has doubted the transaction since the selling broker. was subjected to SEBI s action. However, the demat account given the statement of transactions from 1-4-04 to 31-03-2005 i.e. relevant for the assessment year under appeal [2005-06] filed before us. There cannot be any doubt the transaction much as observed by the Assessing Officer. The transactions were as per norms under controlled by the Securities Transaction Tax, brokerage service tax and cess, which were already paid. They were complied with. All the transactions were through bank. There is no iota of any evidence over the above transaction as it we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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