Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradi.T.A. No.328/Gty/2019 Assessment Year: 2014-15 Ajay Kumar Tantia, Kolkata.....…..…………....................……….……Appellant 7B, Ground Floor, Kiran Shankar Roy Road, Kolkata-1. [Pan: Abkpt3130B] Vs. Ito, Ward-4(1), Guwahati ……..…............…….......................…..…..Respondent Appearances By: Shri S. P. Bhati, Fca, Appeared On Behalf Of The Appellant. Shri Amit Kumar Pandey, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 31, 2023 Date Of Pronouncing The Order : February 06, 2023 Order Per Manish Borad: This Appeal At The Instance Of The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2014-15 Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), Guwahati-2, Guwahati [In Short Ld. “Cit(A)”] Dated 31.05.2019 Which Is Arising Out Of The Order U/S 143(3) Of The Assessing Officer Dated 23.12.2016. 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

purchase and sale of alleged penny stock companies and the ld. Assessing Officer ought to have given the set off of loss against profits rather than picking the sale consideration of only one company namely GCM Securities Ltd. dealing in which gave profits (short-term capital gain) to the assessee. 7. On the other hand, the ld. DR vehemently argued