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    <title>2012 (2) TMI 741 - ITAT INDORE</title>
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    <description>The court upheld the denial of exemption under Section 10(38) of the Income Tax Act, confirming the Assessing Officer&#039;s (AO) findings that the share transactions did not meet the holding period requirement. It also upheld the AO&#039;s determination of the transactions as bogus due to insufficient evidence from the assessee. The court agreed with the AO&#039;s application of the normal tax rate on short-term capital gains, as the conditions for the special rate were not met. The addition of Rs. 2,00,000/- as an advance against land sale was confirmed due to lack of evidence. However, the court upheld the deletion of the Rs. 1,06,20,000/- addition, finding the AO&#039;s calculations unsupported.</description>
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    <pubDate>Mon, 13 Feb 2012 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=459779</link>
      <description>The court upheld the denial of exemption under Section 10(38) of the Income Tax Act, confirming the Assessing Officer&#039;s (AO) findings that the share transactions did not meet the holding period requirement. It also upheld the AO&#039;s determination of the transactions as bogus due to insufficient evidence from the assessee. The court agreed with the AO&#039;s application of the normal tax rate on short-term capital gains, as the conditions for the special rate were not met. The addition of Rs. 2,00,000/- as an advance against land sale was confirmed due to lack of evidence. However, the court upheld the deletion of the Rs. 1,06,20,000/- addition, finding the AO&#039;s calculations unsupported.</description>
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      <pubDate>Mon, 13 Feb 2012 00:00:00 +0530</pubDate>
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