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Issues involved:
The issue involved in this case is the treatment of loss in saree trading business as a bogus loss and the disallowance of the same by the Assessing Officer. Treatment of loss in saree trading business: The Assessing Officer disallowed a loss of Rs. 25,57,790 in the saree trading business, considering it as a bogus loss. The AO observed that the assessee had engaged in transactions that did not stand the test of human probabilities, citing decisions of the Hon'ble Supreme Court. On appeal, the CIT(A) upheld the AO's decision, stating that the explanation provided by the assessee was not convincing. The CIT(A) noted that there was no written contract, advance payment, or guarantee in the transactions, and the purchase and sale of sarees seemed to be managed to create a false impression of loss. The CIT(A) agreed with the AO that the loss was not genuine. However, the Tribunal set aside the orders of the revenue authorities, as the AO did not dispute the transactions with the party involved. The Tribunal found that there was no justification to disbelieve the assessee's contention, leading to the allowance of the appeal. This judgment highlights the importance of providing convincing explanations and maintaining transparency in business transactions to avoid the disallowance of losses by tax authorities. The decision emphasizes the need for proper documentation and genuine business practices to support claims and avoid allegations of creating artificial losses for tax purposes.
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