2012 (12) TMI 526 - AT - Income Tax

Addition on account of short term capital loss Assessee is in business of shares Investment made in shares at a premium in a private company Shares sold at 10% of cost after three months AO made addition saying that no major change in financial of company in short spam Held that - As the assessee discharged his liability through cheque. And buyer also confirmed the same at value stated by assessee by filling affidavit with AO. Appeal decided in favor of assessee. Addition on account of cash deposit in bank AO made addition during assessment u/s 143(3) on basis that practice of holding such large amount of cash in saving a/c was not practical - Assessee submit the details of income earned over the years from which cash in hand can be sustained - Held that - As the assessee shown cash in his Wealth Tax which was in confirmation with cash book & detail submitted before authority by assessee. And fully explained opening & closing balance of cash. Therefore addition made by AO duly deleted. Decision in favour of assessee.

Summary

Issues:
1. Deletion of disallowance of short term capital loss.
2. Deletion of addition made on account of undisclosed cash deposit.

Deletion of disallowance of short term capital loss:
The appellant, engaged in financing and dealing in shares & securities, declared a total income of Rs.5,82,520/-. The Assessing Officer disallowed a short term capital loss of Rs.8,10,000/- on the sale of shares of a company. The appellant justified the sale due to a market crash, but the Assessing Officer did not accept the explanation. The appellant argued that the investment was made with the intention of becoming a director of the company, which faced closure leading to the sale at a lower price. The appellant provided evidence, including the buyer's affidavit and Delhi High Court judgment, to support the transaction's genuineness. The CIT(A) observed that the Assessing Officer disregarded crucial facts and confirmed the transaction's authenticity, leading to the deletion of the disallowance.

Deletion of addition on account of undisclosed cash deposit:
The Assessing Officer added Rs.37,11,000/- as undisclosed income due to cash deposits in the appellant's bank account. The appellant explained that the deposits were from existing cash balances and capital withdrawn from a partnership firm. The Assessing Officer found the practice of holding large cash amounts impractical and asked for income details to support the cash in hand. The appellant provided explanations, including cash balances in previous years and wealth tax returns. The CIT(A) noted that the appellant maintained regular books of accounts, audited under section 44AB, and declared cash balances in wealth tax returns. The CIT(A) found the deposits were recorded in the cash book and supported by previous cash balances, leading to the deletion of the addition. The Tribunal upheld the CIT(A)'s decision, dismissing the revenue's appeal.

In conclusion, the Tribunal upheld the CIT(A)'s decisions to delete the disallowance of short term capital loss and the addition on account of undisclosed cash deposit, dismissing the revenue's appeal.