2012 (9) TMI 1099

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....vani, J. The appellant-revenue in this appeal under section 260A of the Income Tax Act, 1961 (in short "the Act") has challenged the order dated 31-05-2011 made by the Income Tax Appellate Tribunal (in short "the Tribunal") by proposing the following question: "Whether on facts and circumstances of the case and in law, the Hon'ble ITAT is right in deleting the addition of Rs. 36,72....

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....tails from the parties treated the sum of Rs. 36,72,631/- credited in the books of accounts unexplained cash credit under section 68 of the Act and brought it to tax. The assessee carried the matter in appeal before the Commissioner (Appeals) who allowed the said ground of appeal and directed the Assessing Officer to accept the claim of the assessee of Rs. 34,65,171/- as capital gains. The revenue....

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....hares were sold after 1-4-2005, the transactions were not under the broker's code. As regards service-tax and stamp charges the contract note of the broker clearly mentioned that the brokerage was inclusive of service tax etc. In the case of the selling broker the Service tax Securities Transaction tax and Education Cess were separately mentioned. As regards the point raised by the Assessing O....

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....dings of fact recorded by it, the Tribunal dismissed the appeal of the revenue. 5. In the light of the above findings of fact recorded by the Tribunal, it is not possible to state that the view adopted by the Tribunal is, in any manner, unreasonable or perverse. Besides, the learned counsel for the appellant is not in a position to show that the Tribunal has placed reliance upon any irrelevant ....