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of <h1>High Court Upholds Tribunal Decision on Tax Appeal for 2008-09 Assessment</h1> <h3>SHRI PAWAN KUMAR Versus COMMISSIONER OF INCOME TAX-II. LUDHIANA</h3> SHRI PAWAN KUMAR Versus COMMISSIONER OF INCOME TAX-II. LUDHIANA - TMI Issues:1. Justification of addition on estimate basis by Tribunal2. Confirmation of addition on account of interest on business loan by TribunalIssue 1: Justification of addition on estimate basis by TribunalThe appellant appealed against an order by the Income Tax Appellate Tribunal regarding the assessment year 2008-09. The appellant raised questions regarding the addition of Rs. 3,00,000 on an estimate basis and Rs. 2,89,220 on account of interest on a business loan. The appellant argued that the Tribunal arbitrarily rejected audited books, ignored the National Analytical Laboratory report, and failed to consider the use of old machinery and the oil content in the cakes. The Assessing Officer initially added Rs. 8,68,800 to the income, which was later reduced by the Commissioner of Income Tax(A) to Rs. 2 lacs. However, the Tribunal increased the yield and added Rs. 3 lacs. The Tribunal observed discrepancies in the appellant's reporting of oil and oil cakes yield and sales in consolidated form, leading to the rejection of books and assessment of yield in a specific manner. The Tribunal's decision was based on factual findings, and the first substantial question of law was deemed not to arise.Issue 2: Confirmation of addition on account of interest on business loan by TribunalRegarding the second substantial question of law, the appellant had given interest-free loans to his son's firm from his cash credit account, on which he paid interest. The Assessing Officer disallowed the interest amount paid by the appellant, considering it as an expenditure. The appellant's argument that the amount was an advance interest-free loan was not accepted, and the disallowance of interest was upheld. Based on the findings, the Court found no merit in the appellant's appeal and dismissed it.In conclusion, the High Court upheld the Tribunal's decision on both issues, stating that the Tribunal's findings were based on factual evidence and rejecting the appellant's arguments.
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