Sanmar Group Corporate Finance v. AUITD (2025) 478 ITR 568 (Mad)(HC)

S. 143(3): Assessment-Firm-Additional capital by partners-Fund flow established-Matter remanded to the Assessing Officer to consider the additional documents provided by the assessee. [S. 68, 142(1), Art. 226]

On writ against the assessment order the Court held that the assessee had placed on record sufficient evidence of the financial capability of the partners. In certain cases, the flow of funds had been established but had not been established in cases of other partners. As regards the partners, (i) VST-the Assessing Officer had focused on the bank statement and there was no discussion with regard to the financial statement of VST including the cash flow statement appended thereto, (ii) ST-the Assessing Officer had disregarded the credit entry of Rs. 46.5 lakhs merely because there was a debit entry on the same date, (iii) BK-the bank statement had not been examined and (iv) MK-the variation was confirmed on account of non-production of the bank statement. The assessment order was set aside and the matter was remanded for reconsideration.(SJ)(AY. 2022-23)

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