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Income Tax - Highlights / Catch Notes

Home Highlights February 2023 Year 2023 This

Penalty u/s 271D - additions were confirmed towards share ...


Assessing Officer's Misinterpretation of Share Application Money as Deposits Violates Section 269SS; Tribunal Appeal Authorized.

February 13, 2023

Case Laws     Income Tax     AT

Penalty u/s 271D - additions were confirmed towards share application money as a colorable device - AO considered the same as deemed deposits and considered it as violation of section 2695S - AO has presumably failed to construe the transaction as well as meaning of section 269SS read with section 271D. The more surprising factor is that ld. Principal CIT (Admin.), who has given permission to file the appeal, failed to appreciate the order of the ld. CIT(Appeals) before authorizing the revenue to file the appeal before the Tribunal. - AT

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