DUXTON HILLS BUILDERS PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE- 7(2), NEW DELHI

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ITA 5407/DEL/2019Status: DisposedITAT Delhi08 December 2023AY 2016-17Bench: SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, MS ASTHA CHANDRA (Judicial Member)5 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the Revenue failed to provide cogent material to demonstrate that the assessee benefited from the alleged bogus loss. The transactions were conducted through the Bombay Stock Exchange and STT was paid, indicating they were not sham.

What were the facts?

The assessee claimed a short-term capital loss of Rs. 1,41,29,989/- on the sale of listed securities. The Assessing Officer disallowed this loss, believing it was booked through manipulation and bogus transactions.

What were the issues?

Whether the short-term capital loss claimed on the sale of listed securities was genuine or bogus, and if the Revenue had sufficient evidence to prove it was a sham transaction.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, DELHI ‘B’ BENCH,

Before: SHRI N.K. BILLAIYA, & MS ASTHA CHANDRA

For Appellant: Shri Rakesh Gupta, Adv, Shri Somil Agrawal, Adv
For Respondent: Shri Vivek Kumar Upadhyay, Sr. DR
Hearing: 05.12.2023Pronounced: 08.12.2023

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:-

1.

This appeal by the assessee is preferred against the order of the ld. CIT(A) – 3, New Delhi dated 10.06.2019 pertaining to A.Y. 2016-17.

2.

The solitary grievance of the assessee is that the ld. CIT(A) erred in confirming the action of the Assessing Officer in making disallowance of Rs. 1,42,29,999/- being short term capital loss claimed on sale of listed securities.

3.

Briefly stated, the facts of the case are that the assessee electronically filed its return of Income on 17.10.2016 declaring loss of Rs. 1,42,24,334/-. Return was selected for scrutiny assessment through CASS and accordingly, statutory notices were issued and served upon the assessee.

4.

During the course of scrutiny assessment proceedings, the Assessing Officer noticed that the assessee has shown short term capital loss of Rs. 1,41,29,989/-. The assessee was asked to furnish details.

5.

The assessee explained that it has sold equity shares of Sidharth Business Ltd and AF Enterprises Ltd, both listed companies of Bombay Stock Exchange, on which the assessee has incurred loss.

6.

The contention of the assessee did not find any favour with the Assessing Officer who was of the firm belief that the assessee has booked bogus short term capital loss through manipulation of stock price and disallowed the claim of loss of Rs. 1,41,29,999/-.

7.

The assessee carried the matter before the ld. CIT(A) but without any success.

8.

Before us, the ld. counsel for the assessee vehemently stated that the allegation of the Assessing Officer that the assessee has booked loss by bogus transaction is baseless as the assessee had returned loss of Rs. 1,42,24,334/- and even after disallowing loss of Rs. 1,41,29,989/-, the assessee still has loss of Rs. 94,345/-. Therefore, the assessee has derived no benefit by the allegation of the Assessing Officer. It is the say of the ld. counsel for the assessee that transaction has been done through Bombay Stock Exchange and the same cannot be stated to be bogus.

9.

Per contra, the ld. DR strongly supported the findings of the Assessing Officer.

10.

We have carefully perused the orders of the authorities below.

The Assessing Officer and the ld. CIT(A) have been carried away with the decision of the Hon'ble Supreme Court in the case of Durga Prasad More 82 ITR 540 and Sumati Dayal 214 ITR 801 but have completely ignored that no prudent person would convert his accounted money into unaccounted money by booking losses for which no benefit is derived.

11.

The Revenue has grossly failed in bringing cogent material on record to demonstrate that the assessee has benefitted by booking the alleged bogus loss whereas material on record shows that the transaction has been done through Bombay Stock Exchange on which STT has been paid and cannot be considered as sham or bogus transaction. Considering the facts in totality, we direct the Assessing Officer to allow loss of Rs. 1,41,29,989/-.

12.

In the result the appeal of the assessee in is allowed.

The order is pronounced in the open court on 08.12.2023.

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