Thursday, August 2, 2018

No additions if amount given to assessee was duly shown as loan in books of lender co.

IT : Where in respect of loan token by assessee from SFC for purchase of flat, AO took a view that in absence of a legally enforceable repayment agreement, amount received from SFC could not be regarded as loan and same was to be added to assessee's income by invoking provisions of section 56(2)(vii), in view of fact that in case of SFC amount in question had been regarded as loan, revenue could not take contrary stand in assessee's case and, thus, impugned addition was to be deleted

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