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2014 (6) TMI 227 - ITAT DELHIProtection addition made - Addition as unexplained credits – Held that:- As it has been already been held by the Tribunal for the earlier assessment year, the Tribunal was of the view that it is proved beyond doubt that the bank accounts were owned by Mr. B.Bhushan and Smt. Renu Bhushan - the bank accounts belonged to M/s NextWave India (AOP) and not NextWave India(P) Ltd. - the protective additions made by the AO and enhancement thereof by the CIT(A) are deleted and the appeals by NextWave India (P) Ltd. are allowed. The existence/veracity of the Tribunal order has not been challenged by the department - It has also not been refuted that the Tribunal Order has been accepted by the department - the facts remaining the same for the year also, as were present before the Tribunal for the immediately two preceding assessment years and the immediately succeeding assessment year, the Tribunal Order needs must be followed - the addition made on substantive basis is the same as that made protectively is to be set aside – Decided in favour of Assessee.
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