Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Capital gains exemption: payment for plot, architect fees and bona fide commencement of construction can satisfy utilisation requirement and secure re...
Reopening of assessment under sections 147/148 was quashed where the recorded reasons and administrative approval proceeded on the erroneous factual premise that no return was filed, demonstrating a failure of application of mind and vitiating jurisdiction. On the merits, the tribunal reaffirmed that for additions under section 68 the assessee must first prove identity, creditworthiness and genuineness; once documentary evidence is produced the AO bears the burden to rebut with cogent material, which was not done here, so additions were deleted. An addition characterised as unexplained expenditure was also deleted where it was recorded as pre operative expenditure in audited books not rejected under section 145(3).
Reopening of assessment under sections 147/148 was quashed where the recorded reasons and administrative approval proceeded on the erroneous factual premise that no return was filed, demonstrating a failure of application of mind and vitiating jurisdiction. On the merits, the tribunal reaffirmed that for additions under section 68 the assessee must first prove identity, creditworthiness and genuineness; once documentary evidence is produced the AO bears the burden to rebut with cogent material, which was not done here, so additions were deleted. An addition characterised as unexplained expenditure was also deleted where it was recorded as pre operative expenditure in audited books not rejected under section 145(3).
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