Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Where the assessee's books of account, stock registers and primary records were accepted and not rejected, the article explains that additions treating cash bank deposits as unexplained credits cannot stand absent cogent material displacing the books; the Assessing Officer's reliance on generalized suspicion, timing clusters, third party bank information, survey observations or post facto VAT revisions was held insufficient to rebut the assessee's prima facie explanation. The practical effect emphasised is that accepted and audited books, without specific defect shown by independent inquiry, prevail over speculative or circumstantial indicia when challenging cash deposits.
Where the assessee's books of account, stock registers and primary records were accepted and not rejected, the article explains that additions treating cash bank deposits as unexplained credits cannot stand absent cogent material displacing the books; the Assessing Officer's reliance on generalized suspicion, timing clusters, third party bank information, survey observations or post facto VAT revisions was held insufficient to rebut the assessee's prima facie explanation. The practical effect emphasised is that accepted and audited books, without specific defect shown by independent inquiry, prevail over speculative or circumstantial indicia when challenging cash deposits.
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