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Income Tax

Mere suspicion of fraud or lower GP cannot trigger Section 145(3) or 40A(2)(b) disallowances

Case Law Details

Case Name
DCIT Vs Global Agro Corp (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement DCIT Vs Global Agro Corp (ITAT Delhi) No Defects, No Additions – From Bogus Sales to 40A(2)(b): AO’s Suspicion vs Evidence — ITAT Finds Books Reliable, Deletes All Additions  In this Revenue appeal against Global Agro Corp, a rice exporter, Tribunal examined multiple additions made by AO in assessment u/s 143(3). Assessee had filed return declaring income of ₹66.28 lakh. AO made four major additions: ₹1.57 crore as bogus cash sales u/s 68, ₹4.81 crore as trading addition by estimating higher GP, ₹1.90 crore disallowance of commission u/s 40A(2)(b), & ₹...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,900

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