Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Addition under section 40A(2)(b) challenged as based solely on a statement under section 132(4). The tribunal found the assessing officer relied on a misattributed statement (it belonged to a different declarant) and, following precedent that uncorroborated admissions during search cannot alone support assessments, held such statements do not justify additions absent independent evidence - consequence: the addition could not be sustained. Further, the recipient had declared the remuneration and comparative tax consequence showed no tax avoidance motive - consequence: deduction disallowed by AO was deleted and the appeal allowed. - ITAT
Addition under section 40A(2)(b) challenged as based solely on a statement under section 132(4). The tribunal found the assessing officer relied on a misattributed statement (it belonged to a different declarant) and, following precedent that uncorroborated admissions during search cannot alone support assessments, held such statements do not justify additions absent independent evidence - consequence: the addition could not be sustained. Further, the recipient had declared the remuneration and comparative tax consequence showed no tax avoidance motive - consequence: deduction disallowed by AO was deleted and the appeal allowed. - ITAT
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