GYAN PRAKASH GUPTA,NEW DELHI vs. ITO WARD-10(4), NEW DELHI
In the result, appeal filed by the assessee is allowed
ITA 6271/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Apr 2026AY 2015-16
Bench: Shri S Rifaur Rahman & Shri Vimal Kumarlate Gyan Prakash Gupta Vs. Ito Through Legal Heir Raj Ward 10(4) Kumari Gupta New Delhi Plot No.6 & 7, Defence Enclave, Laxmi Nagar, East Delhi 110092 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Adupg 2697 N Appellant .. Respondent
For Appellant: Sh. Ajit Gandhi, AdvFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 10Section 10(38)Section 143(2)Section 143(3)Section 250Section 68
LTCG arising out of the sale of scrips of M/s HPC Biosciences Ltd. based on investigation carried out by Directorate of Investigation, Kolkatta on accommodation entry of LTCG and identified beneficiaries who have taken bogus entry of LTCG. The findings given by Hon'ble ITAT Delhi, based upon the judgment ... there may not be any direct evidence in the hands of the Revenue to establish that the investment made in such companies was an accommodation entry. Thus the Court should take the aspect of human probabilities into consideration that no prudent investor would invest in penny scrips.
Considering the fact