2011 (11) TMI 434 - HC - Income Tax

Unexplained credits long term capital gain arising on purchase and sale of shares alleged to be bogus and manipulated - Held that - The transactions of sale and purchase were as per the valuation prevalent in the Stocks Exchange. Such finding of fact has been recorded on the basis of evidence produced on record. The Tribunal was justified in deleting the addition made on account of unexplained deposits in the bank account. - Decided against the Revenue.

Summary

Issues:
1. Whether the ITAT was right in upholding the deletion of addition on unexplained deposits in the bank account related to alleged purchase/sale of shares.
2. Whether the ITAT was right in upholding the deletion of addition on commission paid outside the books of account for alleged purchase of shares.

Analysis:

Issue 1:
The appeal under Section 260A of the Income Tax Act, 1961 raised questions regarding the genuineness of the purchase/sale of shares leading to unexplained deposits in the bank account. The Assessing Officer considered the purchase of shares as bogus and manipulated, resulting in the addition of unexplained credits to the appellant's income under Section 68 of the Act. However, the Commissioner of Income Tax accepted the appeal filed by the assessee, finding evidence supporting the genuine purchase and sale of shares through specific brokers. The Commissioner concluded that the transactions were legitimate, leading to the genuine long-term capital gain. The Tribunal also affirmed these findings based on the evidence presented, dismissing the appeal challenging the factual findings.

Issue 2:
Another aspect of the case involved the deletion of an addition on commission paid outside the books of account for the alleged purchase of shares. The ITAT upheld the deletion of this addition, indicating that the transactions were conducted through recognized brokers and the income was appropriately assessed as long-term capital gain. The Commissioner of Income Tax (Appeal) and the Tribunal both found the transactions to be genuine and in accordance with prevailing stock exchange valuations. The evidence presented during the appeal process supported these findings, leading to the dismissal of the appeal challenging the factual conclusions.

In conclusion, the High Court upheld the decisions of the ITAT and the Commissioner of Income Tax, finding no legal questions arising from the factual findings regarding the purchase and sale of shares. The evidence presented during the appeal process supported the genuineness of the transactions, leading to the dismissal of the appeal by the revenue authorities.