Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
The ITAT dismissed the Revenue's appeal and upheld the order of the CIT(A) in toto. It held that addition under s.41(1) was unsustainable as the alleged loans of Rs.1.06 crore, though unsupported by confirmations, were admittedly utilized for capital purposes before commencement of business, negating any remission or cessation of a trading liability. The Tribunal further affirmed deletion of disallowance under s.37, noting that the assessee had produced bills, vouchers and ledgers, and the AO's ad hoc disallowance for want of evidence lacked factual foundation. Disallowance under s.40A(3) was also rejected since the impugned payments were made through banking channels. Finally, the ITAT sustained deletion of disallowance of audit fees and statutory dues, holding the provisions genuine and duly reflected in audited accounts.
The ITAT dismissed the Revenue's appeal and upheld the order of the CIT(A) in toto. It held that addition under s.41(1) was unsustainable as the alleged loans of Rs.1.06 crore, though unsupported by confirmations, were admittedly utilized for capital purposes before commencement of business, negating any remission or cessation of a trading liability. The Tribunal further affirmed deletion of disallowance under s.37, noting that the assessee had produced bills, vouchers and ledgers, and the AO's ad hoc disallowance for want of evidence lacked factual foundation. Disallowance under s.40A(3) was also rejected since the impugned payments were made through banking channels. Finally, the ITAT sustained deletion of disallowance of audit fees and statutory dues, holding the provisions genuine and duly reflected in audited accounts.
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