2012 (9) TMI 1099

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....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. 36,72,631/- made u/s. 68 by the Assessing Officer by treating the Short Term Capital Ga....

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....ccounts 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 carried the matter in appeal before the Tribunal, but did not succeed. 3. Mr. Mana....

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....s 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 Officer that there was absence of broker-client agreement, the Tribunal accepted the subm....

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....he 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 material or that any relevant material has been ignored, nor is he able to point out any m....