Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Material evidence on unsecured loans must be considered before sustaining an addition for unexplained cash credits. The High Court noted that the Tribunal did not discuss the assessee's evidence on the lenders' source of funds, made no finding on the explanation of the source of source, and merely repeated the Assessing Officer's conclusions. It also rejected the assessee's cited precedents without examining their factual applicability. The article records that the Tribunal's order on the cash-credit addition was set aside and remanded for fresh consideration after reviewing all material and hearing the parties, with merits left open.
Material evidence on unsecured loans must be considered before sustaining an addition for unexplained cash credits. The High Court noted that the Tribunal did not discuss the assessee's evidence on the lenders' source of funds, made no finding on the explanation of the source of source, and merely repeated the Assessing Officer's conclusions. It also rejected the assessee's cited precedents without examining their factual applicability. The article records that the Tribunal's order on the cash-credit addition was set aside and remanded for fresh consideration after reviewing all material and hearing the parties, with merits left open.
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