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2005 (1) TMI 349 - AT - Income Tax

Issues:
1. Addition under section 68
2. Telescoping of trading addition
3. Disallowance of interest deduction

Analysis:
1. The appeal involved a challenge against the addition of Rs. 30,000 made by the Assessing Officer under section 68. The credits were in the names of specific individuals and a construction company. The contention was not against the confirmation of the addition on merits but for the benefit of telescoping to be allowed to the assessee. The tribunal considered precedents where suppressed profits were brought in as cash credits, leading to telescoping into one addition. The tribunal allowed telescoping of the trading addition into the addition made under section 68, providing benefit to the assessee.

2. The second issue concerned the disallowance of interest amounting to Rs. 15,900 to a specific individual. The loan obtained was utilized for purchasing a shop for business purposes. The Assessing Officer disallowed the interest deduction, which was sustained in the first appeal. However, the tribunal found that the loan was genuine and obtained for acquiring a capital asset for the business. Citing a precedent from the Hon'ble Gujarat High Court, the tribunal concluded that the assessee was entitled to the deduction of interest under the relevant section. Therefore, the disallowance of interest was overturned in favor of the assessee.

3. Grounds 3 and 4 of the appeal were not pressed by the authorized representative and were consequently dismissed. The tribunal partially allowed the appeal of the assessee, providing relief in the matters of addition under section 68 and the disallowance of interest deduction, based on the arguments and legal precedents presented during the proceedings.

 

 

 

 

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