Case Law Details
Ridhi Bagaria Vs ITO (ITAT Cuttack)
ITAT Cuttack held that claim of exemption of long term capital gains (LTCG), from sale of equity shares, under section 10(38) of Income Tax Act, 1961 allowable as requisite conditions satisfied.
Facts- The appellant assessee was an individual, who was deriving income from capital gains from purchase and sale of shares. The shares were sold through Inter Connected Stock Exchange of India Ltd. and STT has also been paid. The Inter Connected Stock Exchange of India Ltd. has sold the shares through BSE.
AO contended that the assessee is not eligible for claiming the exemption u/s. 10(38) of Income Tax Act and made addition on long term capital from the sale of equity shares. CIT(A) dismissed the appeal and confirmed the order of AO. Accordingly, being aggrieved, the present appeal is filed.
Conclusion- Held in the absence of any evidence it cannot be held that the assessee has introduced his own unaccounted money by way of bogus long term capital gain.
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