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Income Tax Officer 20(2)(3), Mumbai vs Om Shanti Realtors, Mumbai on 1 March, 2019

Similar view has also been taken by the Hon'ble Allahabad High Court in the case 20 I.T.A. No. 5615/Mum/2017 Om Shanti Realtors of Vijay Kumar Jain (supra) and the Hon'ble Rajasthan High Court in the case of Jai Kumar Bakliwal (supra) and also in the case of ITO vs. Vijay Dwellers Pvt. Ltd. in ITA No.141/Mum/2018" for A.Y. 2009-10 dated 30.01.19, ITO vs. Lotus Grih Nirman Pvt. Ltd. ITA No.3998/Mum/2014 for A.Y. 2010-11 dated 18.10.2018, ITO vs. Shri Nemichand Lalchand Jain ITA No.159/Mum/2017 for A.Y. 2007-08 dated 17.12.2018, Shri Vasant Ramji Savla vs. ACIT in ITA No.6123/Mum/2017 for A.Y. 2011-12 dated 27.12.
Income Tax Appellate Tribunal - Mumbai Cites 19 - Cited by 2 - Full Document

Surya Jyoti Software Pvt. Ltd.,New ... vs Ito Ward - 24, New Delhi on 12 December, 2024

Date Details Nature Amount (Rs.) Amount (Rs.) 12.06.2008 Andhra Bank Payment 1,00,00,000 Ch.No.150036 12.06.2008 Andhra Bank Payment 1,00,00,000 Ch.No.150037 02.08.2008 Andhra Bank Receipt 50,00,000 Ch.No.252308 05.08.2008 Andhra Bank Receipt 50,00,000 Ch.No.252309 29.01.2009 Andhra Bank Receipt 1,00,00,000 Ch.No.244595 Total Rs. 2,00,00,000 2,00,00,000 Page | 5 ITA No.4740/Del/2019 Surya Jyoti Software Pvt.Ltd. vs ITO 12.1. Thus, on a bare reading of the facts tabulated, it is ostensible that receipt of INR 1,00,00,000/- alleged to be unexplained cash credit is offshoot of earlier grant of loan to M/s. Shalini Holdings Ltd. The receipt of money by way of repayment of loan earlier granted cannot be taken in the same pedestal as that of receipt of loan per se. The requirement of proving creditworthiness in such a situation of repayment has been read down by the Co-ordinate Bench of the Tribunal in Pr.CIT vs SBD Estates P. Ltd. and ITO vs Vijay Dewellers Pvt.
Income Tax Appellate Tribunal - Delhi Cites 15 - Cited by 0 - Full Document
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