131(1)

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Section 132,148 Cancelled receipt of Rs. 11 lacs showing total transaction of Rs. 61 lacs signed by Sanjeev on behalf of Romy was found and Romy surrendered Rs. 11 Lacs only. AO has not confronted contents of said receipts from S. Addition made of Rs. 50 Lacs is deleted in the absence of any other corroborative material before AO. ROMI LAL NANDA vs.ITO. ITAT Delhi order date 28.9.2020. IT-CASES-212-2020
Section 32, 37, 36(1)(iii), 37(1), 131, 133A, 56, 147‎ AY 2012-13, 2013-14, 2014-15‎ After going through the various terms of the deed if it is loan/finance arrangement ‎between the parties then the assessee is entitled only to claim interest as expenditure u/s ‎‎36 (1) (iii) and depreciation and is not entitled to claim the principal component of ‎alleged lease rent paid as ‘revenue expenditure’ u/s 37(1). FASTWAY TRANSMISSION ‎‎(P) LTD. vs. ACIT ITAT CHANDIGARH May 6, 2020‎
KOLKATA TRIBUNAL on 8.9.2019 held that Section 68 of the Act provides that if any sum found credited in the year in respect of which the assessee fails to explain the nature and source shall be assessed as its undisclosed income. In the facts of the present case, both the nature & source of the share application received was fully explained by the assessee. The assessee had discharged its onus to prove the identity, creditworthiness and genuineness of the share applicants. The PAN details, bank account statements, audited financial statements and Income Tax acknowledgments were placed on AO’s record. Without doing so, the addition made by the AO is based on conjectures and surmises cannot be justified. In the facts and circumstances of the case, no addition was warranted under Section 68 of the Act. The amount of Rs. 31,75,000/-, as it pertains to the previous assessment year is deleted and for balance sum of Rs.2,66,00,000/- received during the year, the assessee has proved identity, genuineness and creditworthiness of the share subscribers, hence, same is deleted. (Para 38) EVERGREEN RESIDENCY PVT. LTD. vs ITO
धारा 133(6) 131(1) के संबंध में महत्वपूर्ण जानकारी