Upholding the appellate order, the Tribunal ruled that section 68 applies only to credits of the relevant year. Opening balances and prior period adjustments cannot be taxed as unexplained income in a subsequent year.
The Tribunal distinguished cases of jurisdictional defect and upheld the assessment where the initial notice was lawfully issued. The key takeaway is continuity of valid scrutiny proceedings despite AO change.
Setting aside the lower authorities orders, the Tribunal ruled that reliance on amalgamation-related precedents was misplaced. It reaffirmed that goodwill from a slump sale is depreciable when not hit by statutory restrictions.
The issue was whether revision under Section 263 was valid when the Assessing Officer accepted returns without proper inquiry after a search. The Tribunal upheld revision, holding that lack of meaningful verification made the assessment erroneous and prejudicial to revenue.
The issue was whether alleged commission on bogus donations could be taxed as unexplained expenditure. The Tribunal held that once the donation amount itself is offered to tax, the source stands explained and Section 69C cannot be invoked.
The Tribunal held that a Section 54 exemption can be claimed in a reassessment return if it directly relates to escaped income. Delay or non-filing of the original return under Section 139(1) alone cannot defeat a substantive deduction.
The issue was whether a flat 12.5% disallowance on alleged bogus purchases was justified. The Tribunal ruled that when sales are accepted and books are not rejected, only a lower, reasonable estimation can apply, capping it at 5%.
The Tribunal deleted additions made solely on third-party Excel data after holding that denial of cross-examination of the key witness violated natural justice. The ruling confirms that such denial is fatal where the statement forms the foundation of the addition.
The case examined additions made in Section 153C assessments based on third-party search material. The Tribunal ruled that additions cannot stand unless incriminating documents are furnished to the assessee.
The Tribunal deleted the disallowance after finding that work orders, invoices, and bank payments established genuineness of expenses. The ruling clarifies that suspicion alone cannot override documentary evidence.
