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    <title>Reassessment and Additions u/s 68 Deemed Unsustainable Due to Insufficient Consideration of Assessee&#039;s Business.</title>
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    <description>The ITAT held that neither the initiation of reassessment proceedings nor the addition made by the AO u/s 68 can be sustained. The AO drew an inference from an investigation wing report on bogus long/short-term capital gains transactions involving penny stocks to reopen the assessment against the assessee without considering the assessee&#039;s business nature and inquiries during regular scrutiny assessment. The sole basis for reassessment and addition was the assessee&#039;s sale of shares identified as penny stocks, which the ITAT found untenable. Regarding the addition u/s 68, the ITAT noted the CIT(A)&#039;s observation of a sudden steep share price rise during a recessive market was unfounded, as the AO did not refer to quoted share prices. The CIT(A) also overlooked that the assessee booked a business loss. Thus, the assessee&#039;s appeal was allowed.</description>
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    <pubDate>Sat, 28 Dec 2024 08:30:10 +0530</pubDate>
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      <title>Reassessment and Additions u/s 68 Deemed Unsustainable Due to Insufficient Consideration of Assessee&#039;s Business.</title>
      <link>https://www.taxtmi.com/highlights?id=84365</link>
      <description>The ITAT held that neither the initiation of reassessment proceedings nor the addition made by the AO u/s 68 can be sustained. The AO drew an inference from an investigation wing report on bogus long/short-term capital gains transactions involving penny stocks to reopen the assessment against the assessee without considering the assessee&#039;s business nature and inquiries during regular scrutiny assessment. The sole basis for reassessment and addition was the assessee&#039;s sale of shares identified as penny stocks, which the ITAT found untenable. Regarding the addition u/s 68, the ITAT noted the CIT(A)&#039;s observation of a sudden steep share price rise during a recessive market was unfounded, as the AO did not refer to quoted share prices. The CIT(A) also overlooked that the assessee booked a business loss. Thus, the assessee&#039;s appeal was allowed.</description>
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      <pubDate>Sat, 28 Dec 2024 08:30:10 +0530</pubDate>
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