2023 (9) TMI 1161 - HC - Income Tax

Gujarat HC upholds Tribunal decision on tax appeal, dismissing challenge on disallowed exemption under IT Act

The Principal Commissioner Of Income Tax – 3 Versus M/s. Gokuldham Enterprise LLP

The Principal Commissioner Of Income Tax – 3 Versus M/s. Gokuldham Enterprise LLP - TMI Issues Involved:The issue involves challenging the order of the Income Tax Appellate Tribunal regarding the addition made by the Assessing Officer on account of disallowance of exemption under section 10(38) of the IT Act.Summary:The appellant filed a tax appeal challenging the Tribunal's order for the assessment year 2014-15. The appeal raised the question of whether the ITAT erred in deleting the addition made by the AO on account of disallowance of exemption claimed under section 10(38) of the IT Act. The facts revealed that the appellant had earned long term capital gain from the sale of shares of a company, which was subject to scrutiny by SEBI due to alleged price manipulation. The SEBI's interim report implicated preferential allottees and promoters for misuse of the exchange mechanism. However, the final SEBI report did not find any adverse findings against the entities involved. The CIT(A) and the Tribunal both noted the final SEBI report's exoneration of the entities and absolution of the appellant from any wrongdoing. The Tribunal found that the assessment order was based on the interim SEBI report, and there were no independent findings to support the manipulation of share prices. Consequently, the Tribunal dismissed the appeal, stating that no substantial question of law arose based on the concurrent findings of the Principal CIT and the Tribunal.Judgment by Judges:The judgment was delivered by Honourable Mr. Justice Biren Vaishnav and Honourable Mr. Justice Bhargav D. Karia of the Gujarat High Court.