SHWETA AGARWAL,ROURKELA vs. INCOME TAX OFFICER, WARD-1, ROURKELA

In the result, appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.140/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2015-2016) Shweta Agarwal, Vs Ito, Ward-1, Rourkela O-18, Civil Township, Rourkela Odisha-769004 Pan No. :Auhpa 4567 D (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri Jaish Joshi, Ar राज"व क" ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 01/12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 01/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Addl/Jcit(A)-2, Mumbai, Dated 17.12.2024 For The Assessment Year 2015-2016. 2. It Was Submitted By The Ld. Ar That The Only Issue In The Assessee’S Appeal Is Against The Actin Of The Ld. Cit(A) In Confirming The Disallowance Of The Claim Of The Assessee U/S.10(38) Of The Act In Respect Of 70,000 Shares Of Kailash Auto Sold On 14.11.2015 For A Consideration Of Rs.15,82,745/- & A Claim Of Exemption U/S.10(38) Of The Act To An Extent Of Rs.14,42,732/-. It Was Submitted By The Ld. Ar That The Issue Is Squarely Covered By The Decision Of The Coordinate Bench Of The Tribunal In The Case Of Ridhi Bagaria, Passed In Ita No.76/Ctk/2023, Order Dated 18.05.2023. It Was Also Submitted That Very Same Issue Has Been Upheld By The Hon’Ble

disallowance of the claim of the assessee u/s.10(38) of the Act in respect of 70,000 shares of Kailash Auto sold on 14.11.2015 for a consideration of Rs.15,82,745/- and a claim of exemption u/s.10(38) of the Act to an extent of Rs.14,42,732/-. It was submitted by the ld. AR that the issue is squarely