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Income Tax - Highlights / Catch Notes

Home Highlights January 2025 Year 2025 This

Assessee's addition of on-money paid in cash to developer for ...


ITAT Rules Unexplained Cash Payment Can't Be Taxed Without Evidence; Assessee Denied Charges, No Cross-Examination Allowed.

January 11, 2025

Case Laws     Income Tax     AT

Assessee's addition of on-money paid in cash to developer for property purchase, source unexplained, was based on data from third party's search and third party's confession before Settlement Commission. ITAT held third party's data and confession alone insufficient to make addition against assessee without corroborative evidence, given assessee's complete denial. Assessee should have been given opportunity to cross-examine builder who admitted receiving on-money. Addition of on-money paid unsustainable, decided in assessee's favor.

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