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Wednesday, January 25, 2012

No addition can be made U/s. 68 if Assessee furnished Acknoledgement of Income Tax Returns of persons who advanced money

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ACIT Vs. M/s Kiran Pal Singh (ITAT Delhi)- In this case also before the Assessing Officer, the assessee had stated that all the partners are assessed to income tax and they have also furnished the acknowledgement of the returns filed by all the partners. Therefore, if the Assessing Officer had any doubt about the credit worthiness of the partners, he could have verified either from their individual income tax files or could have asked those partners to explain the source of credit. In view of the above, respectfully following the above decision of the Hon’ble Apex Court in the case of Orissa Corporation P.Ltd., we uphold the order of the learned CIT(A) and dismiss the appeal filed by the Revenue

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