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Abcaus

loan repaid addition cash credits

Once loan is repaid, addition for cash credits can not be made in isolation of debit entries

administrator June 26, 2025 Income Tax, ITAT
Once repayment of the loan is established, credit entries cannot be added to income in isolation ignoring the debit entries despite being made in the later years – ITAT In a recent judgment, ITAT Calcutta has deleted addition for unexplained cash credit observing that once repayment of the …
Travel back theory CBDT

Travel back theory of CBDT is against judgment of Apex Court in Ashish Agarwal case

administrator June 26, 2025 Income Tax, ITAT
Travel back theory as propounded by the CBDT Instruction is against the spirit of the ratio laid down by the Hon’ble Apex Court in Ashish Agarwal case – ITAT In a recent judgment, ITAT Jaipur has held that travel back theory as propounded by the CBDT Instruction is …
Failure AO draw inferences

Failure of AO to draw inferences not mean that assessee did not disclosed all material facts

administrator June 26, 2025 High Courts, Income Tax
Failure of AO to draw inferences cannot mean that the petitioner had not disclosed all the material facts – High Court In a recent judgment, Hon’ble High Court has held that assessee’s duty is only to disclose primary facts and it is for the Assessing Officer (AO) to …
Double Taxation Indian Oman

Amendment to Double Taxation Avoidance Protocol between Indian and Oman

administrator June 26, 2025 Income Tax
Notification for protocol amending the Agreement between the Republic of India and Sultanate of Oman for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.  India and Oman has made amendments to protocol for the avoidance of double taxation and …
addition basis dumb document

No addition on basis of dumb document being undated, unsigned & typed loose sheet of paper

administrator June 25, 2025 Income Tax, ITAT
Undated, unsigned and typed loose sheet of paper are dumb document, could not be taken as the sole basis for determination of undisclosed income In a recent judgment, ITAT Amritsar has held that undated, unsigned and typed loose sheet of paper without witness, without any acceptable narration are …
Interest Land Acquisition compensation

Interest on delayed payment of Land Acquisition compensation is taxable as capital gain

administrator June 25, 2025 High Courts, Income Tax
Interest for delayed payment of compensation under Land Acquisition Act is taxable as capital gain not interest u/s 56 and also eligible for exemption u/s 10(37) – High Court In a recent judgment Kerala High Court has held that interest amounts received by an assessee in respect of …

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