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The AO alleged concocted sales but brought no evidence, and the CIT(A) also found no discrepancies in the accounts. With complete documentation showing genuine sales and business use of funds, the Tribunal removed most of the addition. Section 115BBE was also ruled inapplicable for the year.
ITAT Delhi held that PCIT’s revision under section 263 on alleged bogus sales was invalid since the same transactions were already under appeal before CIT(A). Substituting the AO’s judgment without showing assessment was erroneous and prejudicial was impermissible.
ITAT Delhi admitted additional evidence proving that bank credits considered unexplained were interest income already declared in returns. The Revenue could not contest the factual reconciliation. The penalty under section 271(1)(c) was deleted in full.
