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The Assessing Officer was in possession of information from the Investigation Wing of Income Tax Department, Kolkata related to providing accommodation entry of exempted long-term capital gain on 'Penny Stocks' by a cartel of share brokers, entry operators, beneficiaries and proprietors in the scrip "Suchak Trading", which was appearing in the list of shares sold by the assessee during the year under consideration. The report of Investigation Wing explained entire modus operandi as how the companies in collusion with a set of brokers, accommodation entry operators, first sold the share in offline market (not on the stock exchange) either in cash or cheque by private placement, or preference shares etc.

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Section 68 read with section 10(38) of the Income Tax Act, 1961 — Cash Credit — Exemption claimed under section 10(38) on sale of shares had rightly been disallowed as long term Capital gain on sale of shares by assessee was an arranged affair to convert its own unaccounted money through accommodation entries and assessee failed to prove genuineness of transaction — Satish Kishore vs. Income tax Officer [2019] 179 ITD 333 (Delhi—trib)

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