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Supreme Court of India · 24/04/2020

BASIR AHMED SISODIYA versus THE INCOME TAX OFFICER

[2020] 4 S.C.R. 581 · 2020 INSC 352

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Summary

The Supreme Court deleted a Rs.2,26,000 cash-credit addition after subsequent penalty proceedings established the genuineness of credit purchases from unregistered marble dealers. Affidavits and statements accepted by the appellate authority displaced the factual foundation of the assessment addition. The Court allowed the appeal on that ground alone and left the competing arguments about rejected books and best-judgment assessment undecided.

Issues

  1. Whether subsequent accepted evidence concerning the credit purchases displaced the basis of the assessment addition.
  2. Whether the Court needed to decide the alternative arguments about reliance on rejected books of account.

Provisions considered

Held

Result

Appeal allowed; Rs.2,26,000 addition under Section 68 deleted. Remaining assessment, as modified by the first appellate authority, left undisturbed. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 581.