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Mechanical Addition for fictitious loss by Client Code Modification not sustainable
Case Law Details
- Case Name
- DCIT Vs M/s Comet Investment Pvt. Ltd. (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2010-2011
- Courts
- All ITAT, ITAT Mumbai
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DCIT Vs Comet Investment Pvt. Ltd (ITAT Mumbai)
No addition on account of fictitious loss in stocks on mechanical basis without showing losses were purchased by other parties
Conclusion: Addition made by AO on account of suppression of profit and obtaining fictitious loss by assessee company by way of Client Code Modification (CCM) and on account of commission paid to brokers to obtain fictitious loss through CCM was to be deleted as AO had mechanically added amounts as income of assessee without verifying & furnishing evidences on record and nothing had been brought on re...
