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    <title>Appellate Tribunal Deletes Section 68 Addition: No Evidence of Bogus LTCG from Share Sales; AO&#039;s Claims Unfounded.</title>
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    <description>The Appellate Tribunal considered the issue of addition u/s 68 for alleged bogus LTCG from sale of shares. The Tribunal noted that the transactions were conducted on a regulated stock exchange platform with STT levied and funds routed through normal banking channels. The Tribunal found no evidence from SEBI indicating the shares were tainted. The AO&#039;s suspicion of share price manipulation was baseless as the assessee was a long-term investor with no direct involvement in any such activities. The AO&#039;s reliance on investigation findings without direct evidence was deemed insufficient. The non-compliance with procedural requirements u/s 142(3) was noted, as the AO did not allow cross-examination, violating statutory provisions. The CIT(A)&#039;s dismissal based on preponderance of probability theory was rejected, and the addition u/s 68 for LTCG was deleted for both assessment years.</description>
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    <pubDate>Thu, 13 Jun 2024 08:10:54 +0530</pubDate>
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      <title>Appellate Tribunal Deletes Section 68 Addition: No Evidence of Bogus LTCG from Share Sales; AO&#039;s Claims Unfounded.</title>
      <link>https://www.taxtmi.com/highlights?id=78439</link>
      <description>The Appellate Tribunal considered the issue of addition u/s 68 for alleged bogus LTCG from sale of shares. The Tribunal noted that the transactions were conducted on a regulated stock exchange platform with STT levied and funds routed through normal banking channels. The Tribunal found no evidence from SEBI indicating the shares were tainted. The AO&#039;s suspicion of share price manipulation was baseless as the assessee was a long-term investor with no direct involvement in any such activities. The AO&#039;s reliance on investigation findings without direct evidence was deemed insufficient. The non-compliance with procedural requirements u/s 142(3) was noted, as the AO did not allow cross-examination, violating statutory provisions. The CIT(A)&#039;s dismissal based on preponderance of probability theory was rejected, and the addition u/s 68 for LTCG was deleted for both assessment years.</description>
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      <pubDate>Thu, 13 Jun 2024 08:10:54 +0530</pubDate>
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