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 primary issue was whether filing an incorrect return form (ITR-7 instead of ITR-5) automatically disentitles an assessee to lawful business expenditure; the tribunal held procedural defect cannot defeat substantive rights, reasoning that taxable liability is confined to lawful tax and disclosed, explained expenditures cannot be disallowed solely for form error, and mandatory registration under sections 11/12 was inapplicable here - consequence: impugned order set aside, appeal allowed; the assessee directed to file financials per ITR-5 and the AO ordered to re-open and complete assessment de novo after hearing. - ITAT
The primary issue was whether filing an incorrect return form (ITR-7 instead of ITR-5) automatically disentitles an assessee to lawful business expenditure; the tribunal held procedural defect cannot defeat substantive rights, reasoning that taxable liability is confined to lawful tax and disclosed, explained expenditures cannot be disallowed solely for form error, and mandatory registration under sections 11/12 was inapplicable here - consequence: impugned order set aside, appeal allowed; the assessee directed to file financials per ITR-5 and the AO ordered to re-open and complete assessment de novo after hearing. - ITAT
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