M.L.Pugalia and Others HUF, Kolkata V. I.T.O.,Ward-35(4), Kolkata

ITA 1841/KOL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 6560 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 05-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Capital Gains; Bogus
• Section: 68; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Rajesh Kumar, Accountant Member I.T.A. No.1840/Kol/2019 Assessment Year: 2015-16 Manisha Pugalia................................................................................Appellant C/o Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2 nd Floor, Kolkata-700069. [PAN: AKLPP5897P] vs. ITO, Ward-35(4), Kolkata..................................................................Respondent I.T.A. No.1841/Kol/2019 Assessment Year: 2015-16 M.L Pugalia and Others HUF................................................................Appellant C/o Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2 nd Floor, Kolkata-700069. [PAN:AAGHM5438N] vs. ITO, Ward-35(4), Kolkata..................................................................Respondent Appearances by: Shri Siddarth Agarwal, Advocate, appeared on behalf of the appellant. Shri Nicholas Murmu, Addl. CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : June 15, 2022 Date of pronouncing the order : June 16, 2022 ORDER Per Sanjay Garg, Judicial Member: Both the appeal has been preferred by the assessee against the separate orders both dated 30.05.2019 of the Commissioner of Income Tax(Appeals)-10, Kolkata [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. The identical issue involved in both the appeals is relating to the disallowance of claim of exemption u/s 10(38) in respect of long-term capital gains arising from the sale of shares. I.T.A. No.1840&1841/Kol/2019 Manisha Pugalia & M.L Pugalia and Others HUF Assessment Year: 2015-16 2 3. At the outset, the ld. Counsel for the assessee has been fair enough to state that since the issue involved in these appeals is relating to the penny stock and the same is squarely covered against the assessee by the recent decision of the Calcutta High Court vide common order dated 14.06.2022 in a batch of 90 appeals with a lead case titled as PCIT vs. Swati Bajaj in IA No.GA/2/2022 and Others. The ld. Counsel has submitted that the facts and issue involved in the above appeals of the assessee are identical to that were before the Hon’ble Calcutta High Court. The Hon’ble Calcutta High Court vide its decision dated 14.06.2022 (supra) has affirmed the additions made by the Assessing Officer u/s 68 of the Income Tax Act in respect of bogus long-term capital gains. In view of this, both the appeals of the assessee are hereby dismissed. 4. In the result, both the appeals of the assessee stands dismissed. Kolkata, the 16 th June, 2022. Sd/- Sd/- [Rajesh Kumar] [Sanjay Garg] Accountant Member Judicial Member Dated: 16.06.2022. RS Copy of the order forwarded to: 1. (i)Manisha Pugalia (ii) M.L Pugalia and Others HUF 2. ITO, Ward-35(4), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches