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    <title>2021 (11) TMI 521 - ITAT SURAT</title>
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    <description>The Tribunal reversed the Assessing Officer&#039;s decision and classified the income from the sale of shares of Wipro Ltd. as capital gains due to substantial documentary evidence provided by the assessee. The issue of addition under Section 41(1) was remitted back to the AO for fresh adjudication as the assessee failed to prove the identity and creditworthiness of creditors. The classification of income disclosed during the search was also remitted for further examination to determine its nature accurately. Disallowances under Section 14A were to be reworked by the AO based on judicial pronouncements. The appeals were partly allowed, emphasizing the importance of thorough examination and adherence to legal precedents.</description>
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      <title>2021 (11) TMI 521 - ITAT SURAT</title>
      <link>https://www.taxtmi.com/caselaws?id=414740</link>
      <description>The Tribunal reversed the Assessing Officer&#039;s decision and classified the income from the sale of shares of Wipro Ltd. as capital gains due to substantial documentary evidence provided by the assessee. The issue of addition under Section 41(1) was remitted back to the AO for fresh adjudication as the assessee failed to prove the identity and creditworthiness of creditors. The classification of income disclosed during the search was also remitted for further examination to determine its nature accurately. Disallowances under Section 14A were to be reworked by the AO based on judicial pronouncements. The appeals were partly allowed, emphasizing the importance of thorough examination and adherence to legal precedents.</description>
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