Documented demat share sales cannot be treated as unexplained credits without evidence linking taxpayers to market manipulation.
Documented IPO acquisition, demat-account credit, screen-based share sales and banking-channel receipts support the genuineness of share transactions. General suspicion concerning a scrip, investigation material unconnected to the taxpayer, and an inference based on human probabilities do not displace contemporaneous documentary evidence without cogent material linking the taxpayer to price rigging, entry operations or manipulation. Consequently, share-sale proceeds are not treated as unexplained cash credits, declared long-term capital gains remain acceptable, and a commission addition premised on bogus transactions has no independent basis.
Issues: (i) Whether the addition of sale proceeds of shares as unexplained cash credit and denial of the long-term capital gains claim were sustainable; (ii) Whether the estimated commission addition for alleged bogus share transactions was sustainable.
Issue (i): Whether the addition of sale proceeds of shares as unexplained cash credit and denial of the long-term capital gains claim were sustainable.
Analysis: The shares were acquired through an IPO using banking channels, credited to the demat account, sold through screen-based transactions, and the sale proceeds were received through banking channels. No material linked the assessee to price rigging, entry operations, or other manipulation, and no discrepancy was established in the supporting documents. General allegations concerning the scrip, the investigation material, and an inference based on human probabilities could not displace the documentary evidence or establish that the transactions were non-genuine.
Conclusion: In favour of the assessee, the share-sale proceeds could not be treated as unexplained cash credit and the declared long-term capital gains were to be accepted.
Issue (ii): Whether the estimated commission addition for alleged bogus share transactions was sustainable.
Analysis: The alleged commission expenditure was consequential to the premise that the share transactions were bogus. Once that premise failed, there was no basis for the estimated commission addition.
Conclusion: In favour of the assessee, the commission addition was deleted.
Final Conclusion: The documented IPO acquisition and subsequent demat-based sale of shares remained accepted, with no addition surviving on account of the alleged transactions or related commission.
Ratio Decidendi: Documented share transactions undertaken through banking channels and recognised market mechanisms cannot be treated as unexplained solely on suspicion surrounding the scrip, absent cogent material linking the assessee to manipulation.