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...
The ITAT found that the addition relating to alleged immovable property transactions was made without proper verification of the basic facts, particularly because the assessment record showed inconsistency in how the same properties were treated and the AO had shifted between possible taxability under section 56(2)(x) and section 50C. The Tribunal noted that no addition was ultimately made under section 56(2)(x), while the section 50C addition rested on an unverified factual foundation, and the assessee's cancellation claim was unsupported by the record. The matter was therefore restored to the jurisdictional AO for fresh examination and re-adjudication on evidence and enquiry.
The ITAT found that the addition relating to alleged immovable property transactions was made without proper verification of the basic facts, particularly because the assessment record showed inconsistency in how the same properties were treated and the AO had shifted between possible taxability under section 56(2)(x) and section 50C. The Tribunal noted that no addition was ultimately made under section 56(2)(x), while the section 50C addition rested on an unverified factual foundation, and the assessee's cancellation claim was unsupported by the record. The matter was therefore restored to the jurisdictional AO for fresh examination and re-adjudication on evidence and enquiry.
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