Kunvarji Finance Pvt. Ltd., Ahmedabad vs The Acit, Circle-2(1)(2),, Ahmedabad on 22 March, 2023
6. We have heard the rival contentions and perused the material on
record. We are of the considered view that in the instant set of facts it cannot
be held that the sale of shares of M/s Vas Infrastructure Private Limited was
with a view to book a bogus loss. We further observe that the ITAT
Ahmedabad in the case of Genuine Finance Private Limited v. DCIT in
ITA number 221/Ahd/2021 has held on identical facts and in the case of
purchase and sale of same script i.e. M/s Vas Infrastructure Private Limited
that the transaction cannot be held to be bogus. The relevant extracts of the
ruling by ITAT Ahmedabad is reproduced below for reference: