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ITAT reversed AO's addition under section 68 regarding alleged...

Taxpayer's LTCG Exemption Under Section 10(38) Upheld After Providing Documentary Evidence of Genuine Share Transactions

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Income TaxFebruary 20, 2025Case LawsAT

ITAT reversed AO's addition under section 68 regarding alleged bogus long-term capital gains (LTCG). The tribunal found insufficient evidence to reject taxpayer's claim for exemption under section 10(38), as documentary evidence supported genuine share transactions. AO's rejection was based solely on unsubstantiated statements from individuals who were not produced for cross-examination. The related addition of estimated 2% commission was also deleted, as the underlying LTCG transactions were held genuine. CIT(A)'s deletion of additions was upheld, and Revenue's appeal was dismissed due to lack of merit in challenging the authenticity of share transactions.

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