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Income Tax - Highlights / Catch Notes

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Assessment u/s 153A lacked incriminating material - additions ...


Tax assessments arbitrary sans incriminating evidence. Reassessment needs material proof. Unexplained credits deleted if source unverified. No disallowance without incrimination.

August 6, 2024

Case Laws     Income Tax     AT

Assessment u/s 153A lacked incriminating material - additions arbitrary. Fictitious commodity losses disallowed due to absence of tangible evidence of undisclosed income or unaccounted assets. Reassessment requires incriminating material as per Saumya Construction case. Unexplained credits u/s 68 deleted as AO failed to verify "source of source" despite assessee providing information. Disallowance u/s 14A r.w.r.8D deleted for unabated years lacking incriminating material, following Saumya Construction and Kabul Chawla cases. Assessee being share dealer doesn't exempt from Section 14A. Revenue's grounds dismissed, assessee's allowed.

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