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the assessee is a habitual investor having portfolio of investment in shares in crores and is still holding investment in shares in several crores and is constantly engaged in investing in shares of various companies. we are of the considered view that the assessee has successfully discharged the onus cast upon him by provisions of s. 68 of the Act and as mentioned elsewhere, such discharge is purely a question of fact. We, accordingly, direct the AO to accept the long-term capital gain of Rs. 5,70,91,750 declared as such.

Shanti Prime Publication Pvt. Ltd.

Sec. 68 of Income-tax Act, 1961— Cash credit—What is evident is that the AO went by only the report received and did not make the necessary further enquiries such as into the bank accounts or other particulars available with him but rather received the entire findings on the report, which cannot be considered as primary material and the assessee had discharged the onus initially cast upon it by providing the basic details which were not suitably enquired into by the AO and the assessee had discharged the onus initially cast upon it by providing the basic details which were not suitably enquired into by the AO, thus, the addition was deleted — Anoop Jain vs. Asstt. CIT [2020] 203 TTJ 552 (DEL)

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