Human-probability test defeats political donation deduction where banking records mask accommodation-entry fund layering and evidence shows non-genuin...
Commercial property status protects capital-gains exemption when residential-house ownership limits are tested, while agricultural-land character gove...
Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
The assessee claimed deduction of expenditure incurred for handling and disposal of spent solvents/scrap against unaccounted cash receipts from their sale. The ITAT held that while there is no direct evidence, the possibility of incurring such expenditure cannot be ruled out considering the nature of materials. It estimated 60% of receipts as reasonable expenditure. Regarding addition of deemed dividend u/s 2(22)(e) and consequent dividend distribution tax, the ITAT held that payments to associated concerns were trade advances in the ordinary course of business and not loans/advances attracting deemed dividend. The transactions were current adjustment account entries reflecting movement of funds both ways as per business requirements among group companies, not loans/advances to shareholders. Payments were utilized for recipient companies' business, not diverted to common substantial shareholder's benefit. Hence, the ITAT deleted the addition of deemed dividend and consequent levy of dividend distribution tax.
The assessee claimed deduction of expenditure incurred for handling and disposal of spent solvents/scrap against unaccounted cash receipts from their sale. The ITAT held that while there is no direct evidence, the possibility of incurring such expenditure cannot be ruled out considering the nature of materials. It estimated 60% of receipts as reasonable expenditure. Regarding addition of deemed dividend u/s 2(22)(e) and consequent dividend distribution tax, the ITAT held that payments to associated concerns were trade advances in the ordinary course of business and not loans/advances attracting deemed dividend. The transactions were current adjustment account entries reflecting movement of funds both ways as per business requirements among group companies, not loans/advances to shareholders. Payments were utilized for recipient companies' business, not diverted to common substantial shareholder's benefit. Hence, the ITAT deleted the addition of deemed dividend and consequent levy of dividend distribution tax.
Note: It is a system-generated summary and is for quick reference only.