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Whether the Tribunal was justified in deleting the unexplained investment on the fact that there was no difference in the cost of construction declared by the Assessee and that worked out by the DVO

Case Law Details

TaxGuru Citation
2011 taxguru.in 701
Case Name
CIT and Anr Vs R Hanumaiah Associates (Karnataka High Court)
Date of Judgement/Order
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CIT and Anr Vs R Hanumaiah Associates (Karnataka High Court) – No addition can be made on account of the unexplained investment on the basis of the DVO findings when the assessee satisfactorily explains that the difference was on account of the construction expenditure incurred, which was not considered by the DVO.

CIT and Anr v R Hanumaiah Associates

Decided By- Karnatka High Court

 ITA Nos. 3225, 3224 of 2005

Decided on: 12 July 2011

This ITA.No. 3225 OF 2005 is filed under section 260-A of I.T.Act, 1961, arising out of order dated 30.06.2005 passed in ITA No. 1294/Bang/2003 for the Assessment year 1996-1997, praying to formulate the substantial questions of law stated therein and allow the appeal and set aside the orders passed by the ITAT, Bangalore in ITA. No. 1294/Bang/2003 dated 30.06.2005 and confirm the order of the Appellate Commissioner confirming the order passed by the Income Tax Officer, Circle-6(3), Bangalore.

This ITA.No. 3224 OF 2005 is filed under section 260-A of I.T.Act, 1961,. arising out of order dated 30.06.2005 passed in ITA No. 1293/Bang/2003 for the Assessment year 1995-1996, praying to formulate the substantial questions of law stated therein and allow the appeal and set aside the orders passed by the ITAT, Bangalore in ITA,No.1293/Bang/2003 dated 30.06.2005 and confirm the order-. of the Appellate Commissioner confirming the order passed  by the Income Tax Officer, Circle-6(3), Bangalore.

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