Shanti Prime Publication Pvt. Ltd.
Sec. 10(38) of Income Tax Act, 1961— Capital gains— Apparent must be considered real until it is shown that there are reasons to believe that the apparent is not the real and that the taxing authorities are entitled to look into the surrounding circumstances to find out the reality and the matter has to be considered by applying the test of human probabilities. Assessee obtained only accommodation entries in the garb of long-term capital gain from transfer of its shares, for which an appropriate addition has rightly been made and upheld by the authorities below, therefore, it was held that the assessee had indulged in a dubious share transaction meant to account for the undisclosed income in the garb of long term capital gain and the gain was accordingly held to be rightly assessed as undisclosed income — RAVI BHASKAR WATTAMWAR Vs. ITO [2020] 204 TTJ 261 (ITAT-PUNE)