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Income Tax - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

Disallowance of losses suffered by the appellant on genuine ...


Lawful share trading losses & expenses disallowed on mere suspicion, audited records ignored.

Case Laws     Income Tax

September 9, 2024

Disallowance of losses suffered by the appellant on genuine share trading and direct expenses incurred. The key points are: The reasoning given by the Assessing Officer (AO) in the Assessment Order is based on doubts and suspicion rather than facts. A bona fide business arrangement between sister concerns with a signed agreement, not treated as bogus by authorities, cannot be considered a bogus transaction. Losses incurred have been assessed, but the part recovered from the assessee has been added, despite transactions being recorded in audited books. This view of AO/CIT(A) is unsound and additions are deleted. Disallowance of various expenses is rejected as the share trading business was wrongly held bogus. Addition on account of income from house property is upheld as per Section 23, since the property was held for sale and not occupied for residence. No interference with CIT(A)'s order on this issue.

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