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2008 (4) TMI 455 - HC - Income TaxUnaccounted cash credit- Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the Commissioner of Income-tax (Appeals) in deleting the addition of Rs.18, 00, 000 made by the Assessing Officer under section 68 of the Act in respect of unaccounted cash credit? held that- the Assessing officer was to verify whether the creditor had paid tax on the sum of Rs. 18 lakhs which had been added as cash credit in the hands of the assessee and which the Tribunal had directed to be deleted.
Issues:
- Interpretation of the order passed by the Commissioner of Income-tax (Appeals) in deleting the addition of Rs.18,00,000 made by the Assessing Officer under section 68 of the Act regarding unaccounted cash credit. Analysis: The High Court considered the issue of whether the Appellate Tribunal was correct in confirming the order passed by the Commissioner of Income-tax (Appeals) in deleting the addition of Rs.18,00,000 made by the Assessing Officer under section 68 of the Act concerning unaccounted cash credit. The Tribunal had previously restored a similar issue back to the file of the Assessing Officer based on a previous decision. The Tribunal's order highlighted the need to verify whether a specific individual had paid tax before the Settlement Commission, indicating that the impugned loans could not be considered as income of the appellant. The Tribunal emphasized the importance of verifying whether the tax had been paid on the sum in question. The High Court noted that the matter had been restored back to the Assessing Officer for further verification and decision in accordance with the law. In conclusion, the High Court found no merit in the appeal and dismissed it since the issue had been appropriately referred back to the Assessing Officer for verification and decision in line with the legal requirements. The judgment underscores the significance of ensuring compliance with tax laws and the need for thorough verification in cases involving unaccounted cash credit to uphold the principles of fairness and legality in tax assessments.
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