Capital Gain Deductibility: proportionate IPO and PMS expenses held allowable against capital gains where netting and nexus to transfer are establishe...
Admissibility of Documentary Evidence: appellate authority may admit self explanatory documents on first production and uphold deletion of unexplained...
Long-term capital gains on share transactions were accepted as genuine where the assessee produced complete documentary evidence of purchase, amalgamation, dematerialisation, stock exchange sale, STT payment, broker records and banking receipts. The Tribunal held that such direct evidence discharged the burden of proof, and that suspicion, price movement and general human probabilities could not override it without independent inquiry or contrary material linking the assessee to an entry operator or rigging arrangement. As the share sale was treated as genuine, the consequential addition for alleged accommodation-entry commission under section 69C also failed and was deleted.
Long-term capital gains on share transactions were accepted as genuine where the assessee produced complete documentary evidence of purchase, amalgamation, dematerialisation, stock exchange sale, STT payment, broker records and banking receipts. The Tribunal held that such direct evidence discharged the burden of proof, and that suspicion, price movement and general human probabilities could not override it without independent inquiry or contrary material linking the assessee to an entry operator or rigging arrangement. As the share sale was treated as genuine, the consequential addition for alleged accommodation-entry commission under section 69C also failed and was deleted.
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