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    <title>2026 (2) TMI 710 - ITAT NAGPUR</title>
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    <description>Long term capital gain exemption under Section 10(38) was treated as applicable where shares were held in demat form for over one year, sold through a registered broker on an exchange platform and securities transaction tax was paid; on those factual and precedent foundations the Tribunal found the 10(38) conditions satisfied and deemed the gain genuine. Consequently, additions under unexplained income provisions (alleged unexplained sale consideration and expenses) under Sections 68 and 69C were not sustained and were deleted, resulting in allowance of the appeal in favour of the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=786562</link>
      <description>Long term capital gain exemption under Section 10(38) was treated as applicable where shares were held in demat form for over one year, sold through a registered broker on an exchange platform and securities transaction tax was paid; on those factual and precedent foundations the Tribunal found the 10(38) conditions satisfied and deemed the gain genuine. Consequently, additions under unexplained income provisions (alleged unexplained sale consideration and expenses) under Sections 68 and 69C were not sustained and were deleted, resulting in allowance of the appeal in favour of the assessee.</description>
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