S. 80AC : Return to be furnished-Co-operative society-Return to be filed within due date-Failure of-Not entitled to deduction-Adjustments to be made while processing return of income. [S. 80 (P) (2) (a) (i), S. 139 (1), 139 (4), 143 (1) (a)]
S. 80AC : Return to be furnished-Co-operative society-Return to be filed within due date-Failure of-Not entitled to deduction-Adjustments to be made while processing return of income. [S. 80 (P) (2) (a) (i), S. 139 (1), 139 (4), 143 (1) (a)]
S. 69A : Unexplained money-Search and Seizure-Capital gains-On money –Burden of proof-Sale of land-Entry found in software of company whose premises search showing sale of land by assessee-Sale deed was registered much before date of entry found during search-Burden on Assessing Officer to prove assessee received additional “On-Money” Not Discharged-Addition on basis of entry is not sustainable. [S.45,68, 132(4A), 133A]
S. 69A : Unexplained money-Cash deposit during demonetization-Cash from sundry creditors-Not in violation of receiving specified bank notes-Failure by assessee to explain source-Matter Remanded.
S. 69A : Unexplained money-Cash available in old demonetised currency-Withdrawal from bank upto November 8, 2016-Disallowance to that extent not sustainable-Balance disallowance of balance cash proper.
S. 69A : Unexplained money-Compensation on land acquisition-Received on husband’s bank account-withdrawn from and deposited in assessee’s bank account-No material to prove that money utilised for other purpose-Additions to be deleted.
S. 69 : Un explained investments-Search and seizure-Undisclosed income-Seized documents showing receipts and payments-Assessee in real estate business-Cannot be identified whether money used for purchase of land or loan-Profit at 10% to meet end of justice-Seized documents showing receipts and payments-Additions cannot be made on receipts and payments both-Agricultural Income-No evidence of agricultural activity-Receipt cannot be treated as sale of agricultural property-Cash receipts-Declared in original return-Cannot be taxed again in absence of contrary materials. [S. 132]
S. 69 : Unexplained investments-Profits from sale of land-Contention that assessee only acted as aggregator and seller offered income as tax-AO to examine contention of the assessee-Matter remanded
S. 69 : Unexplained investments-Loan received in USD and deposited in Indian bank account-Investment on same day in mutual funds-Source of funds outside India not taxable in India-CIT(A)’s direction to obtain certified true copies of source of income-Justified.
S. 69 : Unexplained investments-Unexplained expenditure-Additions on the basis of seized documents-Cannot explain source-Amount not pertaining to assessment year-Addition not sustainable-Share of assessee at 30% as per seized documents-Addition to that extent only.
S. 69 : Unexplained investments-Investment in land-Unable to explain source of investment-Merely stating sufficient funds does not discharge onus-No Cash flow statement to show fund availability-Assessee not maintaining book of accounts.