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Omar Salay Mohamed Sait vs Commissioner Of Income-Tax, Madras on 5 March, 1959

(d) It is observed that appellant has received booking advance in the year under consideration and when booking was cancelled, such amount was refunded to USPL in AY 2014-15 and 2016-17. The Assessing Officer has not doubted repayments made by appellant in subsequent Assessment Years. The AO has not brought any other tangible evidence to prove that appellant has made cash payments against booking advance or received cash against repayment of booking amount. It is observed that entire transaction is held to be accommodative merely on presumption, which is not tenable. Reliance is placed on decision of Hon'ble Supreme Court Decision in Omar Salay Mohamed Sait v. CIT (37 ITR 151) (Para 4.18 of the order).
Supreme Court of India Cites 8 - Cited by 278 - Full Document
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