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Long term capital gain cannot be treated as bogus on mere surmises
Case Law Details
- Case Name
- Ramprasad Agarwal Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2013-14 and 2014-15
- Courts
- All ITAT, ITAT Mumbai
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Ramprasad Agarwal Vs ITO (ITAT Mumbai)
Conclusion: Addition made by AO on the reason that assessee had introduced his own unaccounted money by way of bogus long term capital gain was not correct as AO had not brought any material on record to show that assessee had paid over and above purchase consideration of shares as claimed and evident from the bank account and assessee had produced the relevant record to show the allotment of shares by the company on payment of consideration by cheque.
Held: AO received information that some companies were engaged in the business of issuing penny stocks...




