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Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
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RTGS credits received from entities linked to an individual were treated as benami funds routed from demonetised cash, because the transfers followed demonetisation, the appellant had no prior business relationship with those entities, and the oath statement recorded under Section 131 was found admissible and relevant. The appellant's bills, ledger entries, purchase documents and stock records were not accepted as independent proof of genuine bullion sales, while the bank records corroborated receipt from unknown firms. On natural justice, the Tribunal held that no cross-examination issue arose for a person whose statement was not on record, and that no actual prejudice was shown from the failed opportunity to cross-examine the witness. The provisional attachment was sustained and the appeal dismissed.
RTGS credits received from entities linked to an individual were treated as benami funds routed from demonetised cash, because the transfers followed demonetisation, the appellant had no prior business relationship with those entities, and the oath statement recorded under Section 131 was found admissible and relevant. The appellant's bills, ledger entries, purchase documents and stock records were not accepted as independent proof of genuine bullion sales, while the bank records corroborated receipt from unknown firms. On natural justice, the Tribunal held that no cross-examination issue arose for a person whose statement was not on record, and that no actual prejudice was shown from the failed opportunity to cross-examine the witness. The provisional attachment was sustained and the appeal dismissed.
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