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...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The ITAT decided in favor of the assessee, a doctor residing in the United Kingdom. The unexplained cash deposits in the assessee's Indian bank account during the demonetization period were claimed to be gifts from the assessee's family members, who are doctors with substantial income in India. The Tribunal accepted the assessee's contention that the cash gifts could not be deposited at once due to difficulties during demonetization. The Assessing Officer failed to conduct further inquiries u/s 133(6)/131(1) to establish the identity, genuineness, and creditworthiness of the donors, despite the assessee furnishing gift certificates. The onus shifted to the Assessing Officer, who made assumptions without completing the inquiry process. Considering the family's status and income, the Tribunal found the explanation for cash gifts over three years justified. However, the Tribunal upheld the addition u/s 115BBE, as the assessee was aware of the nature of additions through the show cause notice, despite the Assessing Officer not mentioning the specific section.
The ITAT decided in favor of the assessee, a doctor residing in the United Kingdom. The unexplained cash deposits in the assessee's Indian bank account during the demonetization period were claimed to be gifts from the assessee's family members, who are doctors with substantial income in India. The Tribunal accepted the assessee's contention that the cash gifts could not be deposited at once due to difficulties during demonetization. The Assessing Officer failed to conduct further inquiries u/s 133(6)/131(1) to establish the identity, genuineness, and creditworthiness of the donors, despite the assessee furnishing gift certificates. The onus shifted to the Assessing Officer, who made assumptions without completing the inquiry process. Considering the family's status and income, the Tribunal found the explanation for cash gifts over three years justified. However, the Tribunal upheld the addition u/s 115BBE, as the assessee was aware of the nature of additions through the show cause notice, despite the Assessing Officer not mentioning the specific section.
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