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    <title>2024 (1) TMI 1062 - ITAT CUTTACK</title>
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    <description>Disallowance of a long-term capital loss on share transactions was held unsustainable where the addition rested mainly on an untested third-party statement and the assessee had produced ledger accounts, purchase and sale bills, bank statements and proof of STT payment. The untested statement was not put to cross-examination or rebuttal, and the assessing authority did not use available enquiry powers to verify broker-side evidence. On these facts, the statement could not be treated as reliable adverse material, and denial of cross-examination violated natural justice. The loss claim was therefore accepted and the addition was set aside.</description>
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      <description>Disallowance of a long-term capital loss on share transactions was held unsustainable where the addition rested mainly on an untested third-party statement and the assessee had produced ledger accounts, purchase and sale bills, bank statements and proof of STT payment. The untested statement was not put to cross-examination or rebuttal, and the assessing authority did not use available enquiry powers to verify broker-side evidence. On these facts, the statement could not be treated as reliable adverse material, and denial of cross-examination violated natural justice. The loss claim was therefore accepted and the addition was set aside.</description>
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