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If Assessee Denies Transaction, onus shifts to AO to prove allegation with positive evidence

Case Law Details

Case Name
Saksham Industries Vs ITO (ITAT Pune)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
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Saksham Industries Vs ITO (ITAT Pune) AO made addition u/sec.40A(3) alleging that assessee had made cash purchases in a day of Rs.3,36,551/- from M/s.M M Pvt. Ltd. Assessee contended that they have  not made any purchases during the year from M/s.M M Pvt. Ltd.   Assessee had asked AO to provide copy of the information received by AO, on the basis of which notice u/s.148  was issued. Assrssee contended that till date, no such information has been provided and that the AO was not having any information and notice u/sec.148 is bad in law. CIT(A) confirmed that addition & on further appeal...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,494

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