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    <title>Tribunal Rules on Burden of Proof for Unexplained Investments Under Tax Sections 69B and 115BBE.</title>
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    <description>Addition u/s 69B r.w.s.115BBE - unexplained investment - higher rate of tax - amount offered during survey - The ITAT held that the assessee has submitted the details of outflow of funds, the onus is clearly on the Assessing officer to discharge this burden and record a specific finding in this regard and once the same is done, the onus can be shifted to the assessee to explain the nature and source of such investment. - The Tribunal further held that, the statement of the partner of the assessee firm recorded u/s 131 during the course of survey and subsequent affirmation thereof by the assessee by way of surrender letter on a standalone basis and without any corroborative evidence doesn’t fulfill the statutory mandate of deeming provisions. - The income has been rightly offered to tax by the assessee.</description>
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    <pubDate>Wed, 07 Feb 2024 10:26:42 +0530</pubDate>
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      <title>Tribunal Rules on Burden of Proof for Unexplained Investments Under Tax Sections 69B and 115BBE.</title>
      <link>https://www.taxtmi.com/highlights?id=74695</link>
      <description>Addition u/s 69B r.w.s.115BBE - unexplained investment - higher rate of tax - amount offered during survey - The ITAT held that the assessee has submitted the details of outflow of funds, the onus is clearly on the Assessing officer to discharge this burden and record a specific finding in this regard and once the same is done, the onus can be shifted to the assessee to explain the nature and source of such investment. - The Tribunal further held that, the statement of the partner of the assessee firm recorded u/s 131 during the course of survey and subsequent affirmation thereof by the assessee by way of surrender letter on a standalone basis and without any corroborative evidence doesn’t fulfill the statutory mandate of deeming provisions. - The income has been rightly offered to tax by the assessee.</description>
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      <pubDate>Wed, 07 Feb 2024 10:26:42 +0530</pubDate>
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