Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Additions on account of Bogus unsecured loans and bogus share capital money - Revenue argued that the unsecured loan from entities controlled by a hawala operator should be treated as accommodation entries and assessed as the assessee's own income. - The Appellate Tribunal found that the assessee had provided sufficient evidence to establish the identity, genuineness, and creditworthiness of the lenders. Despite the AO's reliance on statements from the hawala operator, the Tribunal noted that such statements were recorded without the assessee's opportunity for cross-examination. As the assessee had fulfilled the burden of proof u/s 68, the Tribunal upheld the CIT(A)'s decision to delete the addition of the unsecured loan. - Furthermore, it was found that the share application money was not received by the assessee during the relevant assessment year, as evidenced by the balance sheet. Overall, the Tribunal dismissed the Revenue's appeal and confirmed the decisions of the CIT(A).
Additions on account of Bogus unsecured loans and bogus share capital money - Revenue argued that the unsecured loan from entities controlled by a hawala operator should be treated as accommodation entries and assessed as the assessee's own income. - The Appellate Tribunal found that the assessee had provided sufficient evidence to establish the identity, genuineness, and creditworthiness of the lenders. Despite the AO's reliance on statements from the hawala operator, the Tribunal noted that such statements were recorded without the assessee's opportunity for cross-examination. As the assessee had fulfilled the burden of proof u/s 68, the Tribunal upheld the CIT(A)'s decision to delete the addition of the unsecured loan. - Furthermore, it was found that the share application money was not received by the assessee during the relevant assessment year, as evidenced by the balance sheet. Overall, the Tribunal dismissed the Revenue's appeal and confirmed the decisions of the CIT(A).
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