9911796707
TMI Blog2019 (6) TMI 1611X X X X Extracts X X X X X X X X Extracts X X X X ..... PER GEORGE MATHAN, JUDICIAL MEMBER: This is an appeal filed by the assessee against the Order of the Commissioner of Income Tax (Appeals)-12, Chennai, in ITA No.136/CIT(A)-12/2017-18 dated 28.12.2018 for the AY 2015-16. 2. Mrs.D.Rohini, JCIT, represented on behalf of the Revenue and Mr. D.Anand, Adv.represented on behalf of the assessee. 3. It was submitted by the Ld.AR that the assessee had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad been done by the assessee between 2012 and 2014 and the assessee's transactions were done through online transactions through BSE and on which STT had already been paid. Neither the assessee's name nor the assessee's broker name appeared in any of the investigation reports in respect of the racket for generating bogus entries. It was a submission that M/s.Sulabh Engineers and Services Ltd., had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tock. The ld.D.R submitted that the issue in this appeal was now squarely covered by the decision of the Co-ordinate Bench of this Tribunal in the case of Shri Heerachand Kanunga for assessment years 2010-11 & 2011-12 in ITA Nos.2786 & 2787/Mds/2017 vide order dated 03.05.2018. It was a prayer that on identical directions, the issue in these appeals can also be restored to the file of the AO. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate of Investigation, Kolkata. This being so, the claim of assessee cannot be disallowed merely on presumptions and the AO is directed to grant the assessee benefit of exemption u/s.10(38) of the Act as claimed in respect of long term capital gains generated by purchase and sale of shares of M/s.Sulabh Engineers and Services Ltd., as claimed by the assessee. 6. In the result, the appeal filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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