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2025 Supreme(Online)(ITAT) 3833

INCOME TAX APPELLATE TRIBUNAL (MUMBAI BENCH)
Sandeep Gosain, JM, Girish Agrawal, AM
Income Tax Department – Appellant
Versus
Shri Vimal Punmiya – Respondent


Advocates:
For the Appellants/Petitioners: Shri Annavaran Kosuri, Sr. AR
For the Respondents: Shri Vimal Punmiya, CA

Table of Content
1. the appeal concerns the deletion of additions related to long-term capital gains arising from penny stock transactions. (Para 1 , 2 , 3)
2. the evidence presented supports the respondent's claim, emphasizing the legitimacy of the reported gains. (Para 4 , 5 , 6)
3. the revenue's arguments based on hearsay and third-party information lack substantiation. (Para 7 , 8 , 9 , 10)
4. the court finds that the documentation provided establishes the transactions as genuine. (Para 11 , 12 , 13)
5. the cit(a) rightly allowed the exemption under section 10(38), and the appeal is dismissed. (Para 14 , 15)

ORDER

PER SANDEEP GOSAIN, JM:

The present appeal has been filed by the revenue challenging the impugned order dt. 22.01.2025 passed u/s 263 of the Income Tax Act, 1961 (‘the Act’), by the National Faceless Appeal Centre, Delhi (NFAC) for the assessment year 2011-12.

2. All the ground raised by the revenue are interrelated and interconnected and relates to challenging the order of Ld. CIT(A) in deleting the additions made u/s 68 of the Act. Therefore we have decided to adjudicate the same through the present consolidated order.

3. Ld. DR appearing on behalf of the revenue while rel

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