COURT: | ITAT Mumbai |
CORAM: | Sanjay Arora (AM), Sanjay Garg (JM) |
SECTION(S): | 56(2)(vi), 68 |
GENRE: | Domestic Tax |
CATCH WORDS: | unclaimed liabilities, unexplained cash credit |
COUNSEL: | Paresh Shaparia |
DATE: | July 3, 2015 (Date of pronouncement) |
DATE: | July 10, 2015 (Date of publication) |
AY: | 2008-09 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 56(2)/ 68: Old liabilities, even if treated as genuine in earlier years and even if on capital account, are liable to be assessed as "income" in year of write-back if assessee is unable to provide confirmations and substantiate genuineness of liabilities |
When an amount, which is stated, claimed and accepted as a payable, is no longer so, the assessee gains to that extent. There is nothing unreal or notional about this gain. What is admitted though is that there has been remission/cessation of liability in-as-much as these are no longer payable. Why? No reason is advanced. It is under these circumstances that the law permits the A.O. to draw an adverse inference of it as representing the assessee’s income. As regards the year, there can again be little doubt in the matter
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