FSK BUILDERS & DEVELOPERS PVT. LTD.,MUMBAI vs. ITO 6(2)(3), MUMBAI
What did the Tribunal hold?
The Tribunal held that loans from directors and group entities substantiated with required documents were rightly deleted by the CIT(A). However, for loans where only confirmations were provided, the matter was remanded back to the CIT(A) for further evidence. Additions under Section 69 and 69B were deleted as the transactions were in regular books of accounts and lacked corroborative evidence and cross-examination.
What were the facts?
The assessee, FSK Builders & Developers Pvt. Ltd., was assessed on a best judgment basis for AY 2010-11. The Assessing Officer made additions for unsecured loans, advances, sundry creditors, estimated stock, and land purchase payments. The CIT(A) deleted most additions except for Rs. 27 Lacs under Section 68.
What were the issues?
Whether the CIT(A) was justified in deleting additions for unsecured loans, advances, and land purchase payments, and whether the assessee discharged its onus for certain unsecured loans.
Which sections of the Income-tax Act were involved?
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- CIT v. Gagandeep Infrastructure (P.) Ltd.303 citing80 Taxmann.com 272 · 2017 · HC
Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेशकीप्रधिधलधपअग्रेधर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुक्त(अपील) / The CIT(A) 4. आयकरआयुक्त/ CIT– concerned 5. यवभागीयप्रयतयनयध, आयकरअपीलीयअयधकरण, मुंबई/ DR, ITAT, Mumbai 6. गार्डफाईल / Guard File
आदेशाि सार/ BY ORDER,
उप/सहायक पुंजीकार (Dy./Asstt.Registrar) आयकरअपीलीयअधिकरण, मुंबई / ITAT, Mumbai. Sr. No. Details Date Initials Designation 1 Draft dictation sheets are attached Directly Typed Sr.PS/PS on Computer / Laptop 2 Draft dictated on Not Applicable/ Sr.PS/PS 3 Draft Placed before author Not Applicable Sr.PS/PS 4 Draft proposed & placed before the Second Member JM/AM 5 Draft discussed/approved by Second Member JM/AM 6 Approved Draft comes to the Sr.PS/PS 02.11.2021 Sr.PS/PS 7 Order pronouncement on 01.11.2021 Sr.PS/PS 8 File sent to the Bench Clerk 02.11.2021 Sr.PS/PS 9 Date on which the file goes to the Head clerk 10 Date on which file goes to the AR 11 Date of Dispatch of order
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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