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Documentary Trail Wins- Suspicion Cannot Replace Evidence: Penny-Stock Addition Deleted

Case Law Details

Case Name
Hareshkumar Mafatlal Shah Vs ACIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
Advertisement Hareshkumar Mafatlal Shah Vs ACIT (ITAT Mumbai) Assessee had declared LTCG of ₹2,41,53,979 from sale of shares of Sunrise Asian Ltd (SAL) & Monarch Health Services Ltd (MHSL), acquired through proper banking channels, held in Demat, & sold on BSE with STT paid. AO treated entire gain as bogus penny-stock accommodation entry based on general investigation statements of one Vipul Bhatt & denied cross-examination. AO added LTCG u/s 68 & alleged commission of ₹9,66,159 u/s 69C. NFAC upheld additions. Before Tribunal, Assessee relied on multiple binding preceden...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,926

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