Delhi HC sets aside ITAT
order, rejects application of ‘peak credit' principle in respect of unexplained
source of deposit and corresponding outgo; While assessee-individual admitted
to being an accommodation entry provider, ITAT had for relevant AY 1995-96,
restricted the additions u/s. 68 to extent of peak credit worked out by
assessee, by observing that the additions could not be made twice, once on the
basis of cash deposits and again on the basis of cheque transactions; HC lays
down the legal position in respect of an accommodation entry provider
seeking the benefit of 'peak credit', rules that “if the Assessee as a
self-confessed accommodation entry provider wanted to avail the benefit of the
'peak credit', he had to make a clean breast of all the facts within his
knowledge concerning the credit entries in the accounts. He has to explain with
sufficient detail the source of all the deposits in his accounts as well as the
corresponding destination of all payments from the accounts.”; As assessee was
unable to explain the source of all deposits in his accounts or the ultimate
destination of all outgoes therefrom, HC refuses to extend benefit of ‘peak
credit’ while relying on Allahabad HC ruling in Bhaiyalal Shyam Bihari;
Restoring the assessment order, HC remarks that “ITAT went merely on the
basis of accountancy, overlooking the settled legal position that peak credit
is not applicable where deposits remain unexplained u/s. 68”:HC
Subscribe to:
Post Comments (Atom)
Supreme Court ruling holds non-compete fee is allowable as revenue expenditure
The Hon’ble Supreme Court settled the long-standing controversy surrounding the tax treatment of non-compete fees and, based on the facts ...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
In a landmark development that could have far-reaching implications for multinational groups operating in India, the Hon’ble Bombay High C...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The taxation of transactions within a Hindu Undivided Family (HUF) is governed by specific provisions under the Income Tax Act, 1961. This...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
-
As per Income Tax Laws, any sum received or receivable in cash or kind under an agreement for not carrying business or profession is treat...
No comments:
Post a Comment