Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
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The ITAT upheld the CIT(A)'s deletion of additions under section 68 concerning unexplained share capital and share premium credits, finding the assessee successfully demonstrated these were earlier credited funds transferred via journal entries among related parties, with no fresh funds introduced during the relevant year. Consequently, the revenue's appeal on this ground was dismissed. However, regarding advances shown under other liabilities, the CIT(A) accepted fresh evidence without remanding the matter to the AO for verification of identity, genuineness, and creditworthiness of the parties, violating procedural requirements. The ITAT agreed with the revenue that the issue required reconsideration and partly allowed the appeal for statistical purposes, mandating further examination of the advances' legitimacy.
The ITAT upheld the CIT(A)'s deletion of additions under section 68 concerning unexplained share capital and share premium credits, finding the assessee successfully demonstrated these were earlier credited funds transferred via journal entries among related parties, with no fresh funds introduced during the relevant year. Consequently, the revenue's appeal on this ground was dismissed. However, regarding advances shown under other liabilities, the CIT(A) accepted fresh evidence without remanding the matter to the AO for verification of identity, genuineness, and creditworthiness of the parties, violating procedural requirements. The ITAT agreed with the revenue that the issue required reconsideration and partly allowed the appeal for statistical purposes, mandating further examination of the advances' legitimacy.
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