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Income Tax : Instruction No.1/2015 Clarification regarding applicability of section 143(1D) of the Income-tax Act, 1961- Vide Finance Act, 2012...
The Tribunal held that unrecovered advances made in the ordinary course of business can be allowed as business loss, even if they do not qualify as bad debts under section 36.
The Tribunal found that the assessee had furnished agricultural sale bills, revenue records, and bank details supporting the cash deposits. Considering the facts and circumstances, only a partial addition was sustained.
The Gujarat High Court upheld the ITAT order restricting disallowance on alleged bogus purchases to 6% instead of 100%. The Court held that only the income component embedded in disputed transactions could be taxed.
ITAT Jaipur held that additions for unexplained sales and investment could not survive once the CESTAT rejected allegations of clandestine removal of goods. The Tribunal deleted additions made under Sections 69A and 69C.
The Tribunal held that full disallowance of purchases was not justified where corresponding sales and quantitative stock records were accepted. ITAT sustained only estimated disallowance at 12.5% of disputed purchases.
ITAT Rajkot held that reassessment proceedings were invalid because the approving authority merely stated Yes, I am satisfied without independent application of mind. The Tribunal treated Section 151 approval as a mandatory procedural safeguard.
ITAT Delhi held that the Assessing Officer could not substitute the fair market value of shares without specifically rejecting the assessee’s DCF valuation report. The Tribunal deleted the Rs.4.14 crore addition made under Section 56(2)(vii)(b).
The Gujarat High Court held that only the income component embedded in alleged bogus purchases could be taxed instead of the entire purchase amount. The Court upheld the ITAT order restricting disallowance to 6% of disputed purchases linked to accommodation entries.
The ITAT Chandigarh ruled that receipts from sale of fly ash constituted taxable business income as they arose directly from the assessees power generation activity. The Tribunal held that subsequent credit to a statutory fund amounted only to application of income.
Mumbai ITAT held that reassessment under Section 147 cannot be initiated merely by reviewing records already examined during original scrutiny. Absence of fresh tangible material made the reopening legally invalid.