Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Reassessment based only on a Suspicious Transaction Report and an investigation wing report for verifying transactions with suppliers was held bad in law because suspicion-based material did not amount to information suggesting escapement of income. On the merits, the assessee supported the purchases with invoices, ledger accounts, confirmations, bank statements, GST records and other documents, and the Revenue failed to rebut that evidence. The Tribunal held that suspicion cannot replace proof, rejected gross profit estimation on a mere possibility of accommodation entries, and directed deletion of the entire addition. The Revenue's appeal was dismissed and the assessee's cross-objection was allowed.
Reassessment based only on a Suspicious Transaction Report and an investigation wing report for verifying transactions with suppliers was held bad in law because suspicion-based material did not amount to information suggesting escapement of income. On the merits, the assessee supported the purchases with invoices, ledger accounts, confirmations, bank statements, GST records and other documents, and the Revenue failed to rebut that evidence. The Tribunal held that suspicion cannot replace proof, rejected gross profit estimation on a mere possibility of accommodation entries, and directed deletion of the entire addition. The Revenue's appeal was dismissed and the assessee's cross-objection was allowed.
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