<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2016 (8) TMI 768 - GUJARAT HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=331384</link>
    <description>Section 69B addition for alleged understatement of the cost of imported machinery is unsustainable unless the Revenue proves that the assessee actually incurred investment or expenditure over and above the amount recorded in the books. The Tribunal found no reliable evidence that the assessee made the alleged extra payment; at most, the supplier&#039;s documents suggested a higher aggregate payment, and any excess was attributable to a third party outside the Indian tax net. Because the Revenue failed to discharge its burden of proving unrecorded investment by the assessee, the addition was rightly deleted in favour of the assessee.</description>
    <language>en-us</language>
    <pubDate>Wed, 10 Aug 2016 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 22 Aug 2016 12:28:36 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=438845" rel="self" type="application/rss+xml"/>
    <item>
      <title>2016 (8) TMI 768 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=331384</link>
      <description>Section 69B addition for alleged understatement of the cost of imported machinery is unsustainable unless the Revenue proves that the assessee actually incurred investment or expenditure over and above the amount recorded in the books. The Tribunal found no reliable evidence that the assessee made the alleged extra payment; at most, the supplier&#039;s documents suggested a higher aggregate payment, and any excess was attributable to a third party outside the Indian tax net. Because the Revenue failed to discharge its burden of proving unrecorded investment by the assessee, the addition was rightly deleted in favour of the assessee.</description>
      <category>Case-Laws</category>
      <law>Income Tax</law>
      <pubDate>Wed, 10 Aug 2016 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=331384</guid>
    </item>
  </channel>
</rss>