SUPERWAYS ENTERPIRSES PRIVATE LIMITED LTD ,MUMBAI vs. DCIT CENTRAL CIRCLE 7(1), MUMBAI
What did the Tribunal hold?
The Tribunal held that there was no reason to suspect the genuineness of the purchase and sales transactions and deleted the addition made by the AO. It also upheld the deletion of the addition of unexplained cash credit, finding that the loans were accounted for as intra-corporate deposits, largely repaid through banking channels, and the identity and creditworthiness of lenders were established.
What were the facts?
The assessee, a wholesale trader in steel, was investigated following a search operation. The Assessing Officer (AO) alleged that the assessee fabricated invoices for inflated sales and purchases to avail Letter of Credit (LC) facilities from banks, engaging in circular transactions without genuine business activity. The AO rejected the assessee's books and estimated income at 7% of sales turnover.
What were the issues?
Whether the AO was justified in rejecting the assessee's books of account and estimating income based on alleged bogus transactions, and whether the unsecured loans constituted unexplained cash credit.
Which sections of the Income-tax Act were involved?
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- Dhakeshwari Cotton Mills Ltd. v. CIT1,061 citing26 ITR 775 · 1954 · SC
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI JAGADISH
Heard together (2 matters)
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PER BENCH:
These are bunch of thirteen appeals, seven by the assessee and six by the Department, arising out of a common or
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