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    <title>2025 (2) TMI 1758 - ITAT NAGPUR</title>
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    <description>Addition under section 68 for share capital and premium was held unsustainable where the investor&#039;s identity, creditworthiness and transaction genuineness were supported by banking records and documentary material, and the adverse inference rested on conjecture rather than evidence. Disallowance under section 40(a)(ia) was not sustained: the professional fee issue remained contingent on proof of the payee&#039;s tax compliance, while the shipping payment issue had already been rectified in separate proceedings. Proportionate interest disallowance under section 36(1)(iii) was deleted because sufficient shareholders&#039; funds and reserves were available, so advances were presumed to have come from interest-free funds rather than borrowed money.</description>
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      <description>Addition under section 68 for share capital and premium was held unsustainable where the investor&#039;s identity, creditworthiness and transaction genuineness were supported by banking records and documentary material, and the adverse inference rested on conjecture rather than evidence. Disallowance under section 40(a)(ia) was not sustained: the professional fee issue remained contingent on proof of the payee&#039;s tax compliance, while the shipping payment issue had already been rectified in separate proceedings. Proportionate interest disallowance under section 36(1)(iii) was deleted because sufficient shareholders&#039; funds and reserves were available, so advances were presumed to have come from interest-free funds rather than borrowed money.</description>
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