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    <title>2015 (12) TMI 1120 - ITAT KOLKATA</title>
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    <description>Receipt described as rent was held not to be rental income where the modified tenancy arrangement made payment contingent on completion of construction and refundable on default; on the surrounding facts, it retained the character of an advance and the addition was deleted. Fresh share capital was also not treated as unexplained cash credit because additional evidence was admitted with remand, the Assessing Officer verified the documents and shareholder notices, and the share application money was explained; no breach of Rule 46A was found and the section 68 addition failed.</description>
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      <description>Receipt described as rent was held not to be rental income where the modified tenancy arrangement made payment contingent on completion of construction and refundable on default; on the surrounding facts, it retained the character of an advance and the addition was deleted. Fresh share capital was also not treated as unexplained cash credit because additional evidence was admitted with remand, the Assessing Officer verified the documents and shareholder notices, and the share application money was explained; no breach of Rule 46A was found and the section 68 addition failed.</description>
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