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Facts
The assessee filed their return of income declaring Rs. 36,25,660/-. The case was reopened under Section 147 based on information regarding bogus share transactions. The sale of shares worth Rs. 1,99,350/- was treated as unexplained investment.
Held
The Tribunal held that the Revenue failed to provide any tangible evidence regarding the assessee's involvement in the purchase of shares that led to the sale of Rs. 1,99,350/-. Therefore, the addition made by the Assessing Officer was deleted.
Key Issues
Whether the addition of Rs. 1,99,350/- on account of unexplained investment in shares is sustainable without tangible evidence from the Revenue, and whether the reopening of the case was justified.
Sections Cited
250, 143(1), 147, 148, 143(3), 270A(1), 270A(9)(a), 210, 234A, 234B, 234C
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: DR. B.R.R. KUMAR, VICE-Ms SUCHITRA KAMBLEShri Jaimin Shah, AR Shri Kamal Deep Singh, Sr DR
PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-
This appeal has been filed by the assessee against the order dated 10.02.2025 passed by the Ld. ADDL/JCIT(A)-10, Mumbai (hereinafter referred to as "CIT(A)" for short), passed u/s 250 of the Income-tax Act, 1961, (hereinafter referred to as "the Act" for short) for the Assessment Year (AY) 2012-13.
2. The assessee has raised the following grounds of appeal:
“01. That the Ld. CIT(A), NFAC has erred both in law and on facts while rejecting the appeal of the appellant without considering the documents on records and therefore the addition made by A.O. of Rs. 1,99,350/- being unexplained investment required to be deleted.
That the Ld. assessing officer has re-opened the case of the appellant after 4 years without any tangible material on record and hence the re-opening itself is bad in law illegal and required to be quashed.
3. The appellant has furnished all the details and documents regarding capital gain and holding of shares more than 8 years, however without considering the material on records, the NFAC has dismissed the appeal of the appellant on the basis of assumption. and presumption is not valid in law
and therefore the addition sustained by the CIT(A) of Rs. 1,99,350/- require to be deleted.
That the A.O. has initiated penalty proceedings u/s 270A(1) and 270A(9)(a) are against the provision of Act, and hence it requires to be drop.
5. That the appellant has neither committed default of Sec. 210 nor made any default in payment of advance tax and therefore unwanted interest charged u/s 234A 234B and 234C requires to be deleted.”
The brief facts of the case are that the assessee is engaged in the business of share trading and has filed his return of income on 30.07.2012 for the year under consideration, declaring total income of Rs.36,25,660/-and the same was processed u/s 143(1) of the Act. Based on the information from DDIT (Inv.), Mumbai regarding bogus share transactions in Diamant Infrastructure Ltd., the case of the assessee was reopened u/s 147 and notice u/s 148 was issued on 29/03/2019. Based on investigation findings, sale of shares worth Rs. 1,99,350/- was treated as unexplained investment and added to the income of the assessee and determined the total income of the assessee at Rs. 38,25,010/- u/s 143(3) of the Act.
4. Aggrieved by the order of the Assessing Officer, the assessee filed appeal before the Ld. CIT(A) who confirmed the addition of Rs.1,99,350/- made by the Assessing Officer.
Aggrieved by the order of the Ld. CIT(A), the assessee is now in appeal before the Tribunal.
We have heard the rival contentions and perused the material available on record.
The pertinent facts required for adjudication of the issue are that the assessee filed return of income declaring total income of Rs.36,25,660/-. The said shares of Diamant Infrastructure Ltd. were purchased in 2002 and were sold in 2011. The evidences with regard to sale and purchase were on record. The company DCGP Ltd has shown the assessee as the shareholder in the record filed before the RoC. The assessee was holding shares of 200 vide Folio No. 2691 at Sr. no. 1236 in the shareholders’ list as on 18.08.2002 itself. The said shares have sold in 2011. Further, we find that no tangible evidence regarding the involvement of the assessee way back in the year 2002 with regard to purchase of shares which led to sale of shares of Rs.1,99,350/- (para 3/AO) has been brought on record by the Revenue.
Hence, the addition of Rs.1,99,350/- is hereby deleted.
In the result, the appeal of the assessee is allowed.
The order is pronounced in the open Court on 18.07.2025