SHALIMAR CORP LTD.,LUCKNOW vs. DCIT, CENTRAL CIRCLE-30, NEW DELHI
What did the Tribunal hold?
The Tribunal held that adding the Rs. 101 crores on-money admission over and above the special auditor's quantification was a double addition and directed its deletion. Additions related to unsecured loans and unexplained investments were to be treated as business turnover and assessed at 20%.
What were the facts?
During a search, incriminating documents indicated on-money payments in real estate transactions, leading to Section 153A proceedings. The assessee admitted to Rs. 101 crores of on-money payments, which was later quantified by a special auditor. The Assessing Officer added this amount again, leading to disputes.
What were the issues?
Whether the on-money admission during search could be added again after being included in the special auditor's quantification. How to assess unsecured loans and unexplained investments derived from on-money components.
Which sections of the Income-tax Act were involved?
Section 153A,Section 143(3),Section 132(4),Section 68,Section 69,Section 40A(3)
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Cases cited in this judgment(1)Show listHide list
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- Indwell Constructions v. CIT188 citing232 ITR 776 · 1998 · HC
Income Tax Appellate Tribunal, DELHI BENCH: ‘G’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI S. RIFAUR RAHMAN
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
PER BENCH: The instant batch of nine appeals pertain to the same
assessee, namely, M/s. Shalimar Corp Ltd. All other relevant
details stand tabula
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