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ITAT Mumbai deleted Bogus LTCG additions for Lack of Direct Evidence

Case Law Details

TaxGuru Citation
2026 taxguru.in 417
Case Name
Ketan Harilal Mehta Vs ACIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
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Ketan Harilal Mehta Vs ACIT (ITAT Mumbai)

Bogus LTCG Allegation Rejected—Section 10(38) Exemption Allowed; Additions u/s 68 & 69C Deleted

The Mumbai ITAT (E Bench) allowed the appeal of Ketan Harilal Mehta for AY 2014-15 and deleted additions relating to alleged bogus long-term capital gains (LTCG) arising from sale of shares of SRK Industries.

 Tribunal held that:

  • The assessee had genuinely earned LTCG of ₹74.34 lakh, which was exempt under section 10(38).

  • Shares were purchased through proper channels, held in the demat account for more than 18 months, and sold through screen-based trading on BSE via a SEBI-registered broker, with STT paid and sale proceeds received through banking channels.

  • The AO did not dispute or disprove any documentary evidence, such as contract notes, demat statements, share certificates, or bank records.

  • The allegation of pre-arranged or manipulated transactions was based only on general investigation reports and third-party statements, without any direct or specific evidence linking the assessee to price rigging or accommodation entries.

  • No evidence was brought on record to show flow of unaccounted cash or payment of commission; hence, the estimated commission addition of ₹2.26 lakh u/s 69C was unsustainable.

  • The issue was squarely covered by a coordinate bench decision in the assessee’s own HUF case, involving the same scrip (SRK), where identical additions were deleted.

Accordingly, the ITAT:

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,411

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