Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

The Appellate Tribunal addressed two key issues. Firstly, ...


Tribunal Overturns Unwarranted Additions: Legitimate Transactions and Interest-Free Loans Upheld.

June 14, 2024

Case Laws     Income Tax     AT

The Appellate Tribunal addressed two key issues. Firstly, regarding the addition u/s 68, it was found that the investors' transactions were genuine, evidenced by banking records and supporting documents. The burden of proof shifted to the AO, who failed to provide evidence of wrongdoing. Some investors responded to notices, further validating the transactions. The AO's claim of cash deposits was disproven, leading to deletion of the addition. Secondly, the notional interest added lacked legal basis as the loans were interest-free and no deduction was claimed. The absence of a business connection with the borrower precluded the addition. Citing precedent, the Tribunal upheld the deletion of the notional interest addition. Ultimately, the appeal by the assessee was allowed.

View Source

 


 

You may also like:

  1. The Appellate Tribunal addressed two key issues. Firstly, regarding speculative transactions u/s 43(5), it was determined that the transactions of purchasing and selling...

  2. The assessee failed to demonstrate that the financial assistance availed on interest was utilized for business purposes without diversion. Where an assessee has...

  3. Addition of interest on interest free loans advanced by assessee Company to sister concerns/related parties disallowed. Onus on assessee to prove commercial expediency...

  4. Disallowance of interest expenses incurred for non-business purposes - The ITAT found that the interest expenditure claimed by the assessee was allowable due to the...

  5. Disallowing interest expenditure claimed u/s 36(1)(iii) when the assessee firm has interest-free funds and the amount overdrawn by partners. The Tribunal held that since...

  6. Penalty levied u/s 271(1)(c) - Transfer pricing adjustment - assessee advanced interest free loan to its AE - The Tribunal noted that the assessee had disclosed all...

  7. The key points of the legal judgment by ITAT Delhi are as follows: The case involved the taxability of interest income on FDRs purchased by Uttarakhand Forest...

  8. Addition towards interest on advances to partners - interest free advances given to partners - Disallowance of interest for diversion of funds - Additions confirmed.

  9. Addition of interest attributable on the diversion of loan fund - Once own fund of the assessee exceeds the amount of interest free loans and advances, then a...

  10. Addition u/s 69A - unsecured loans - interest expenditure - The case involved disputes over the addition of unsecured loans under section 69A and the disallowance of...

  11. Disallowance u/s 14A - Exempted income - proportionate disallowance of interest paid by the banks for investments made in tax free bonds/ securities which yield tax free...

  12. The Appellate Tribunal considered various issues. Firstly, on disallowance u/s. 14A r.w. Rule 8D(ii), it was held that no disallowance of interest expenditure was...

  13. Interest free advances and loans given to directors & sister concerns for non business purposes - Assessee had interest free funds of its own basis which addition u/s...

  14. Disallowance of interest u/s 36(1)(iii) towards interest expenditure - allegation that assessee company diverted its “interest bearing funds” for giving “interest free...

  15. No notional interest was added on interest-free advances as assessee had ample interest-free funds for business purposes. Real income earned can be assessed, not...

 

Quick Updates:Latest Updates