The Court upheld the deletion of additions made under Section 68 for cash credits. It was found that the Assessing Officer had not properly examined the ledger accounts, which revealed that the credits were part of regular share trading transactions, a major portion was repaid during the year, and the genuineness of related debit entries had already been accepted by the Assessing Officer. The Court also held that additions which were deleted by the CIT(A) in the first round of proceedings and not contested further by the Revenue had attained finality and could not be made again by the Assessing Officer in the set-aside assessment. (AY. 1988-89 to 1990-91)
CCIT (OSD)/PCIT, Central v. Bhupendra Champaklal Dalal [2024] 160 taxmann.com 645 (Bom) (HC)
S. 68 : Cash credits-Major portion was repaid during the year-Order of Tribunal deleting the addition is affirmed-Additions deleted-Set aside assessment-Additions which were deleted by the CIT(A) in the first round of proceedings and not contested further by the Revenue had attained finality and could not be made again by the Assessing Officer in the set-aside assessment. [S. 254(1), 260A]
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