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Supreme Court of India 2016-08-22 allowed

Commissioner of Income Tax and Anr vs Karnataka Planters Coffee Curing Work (P) Ltd

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Karnataka Planters Coffee Curing sought relief from an income tax assessment that added Rs. 2.72 crore claimed as allowable deductions. The assessee claimed this was loan money, but the Assessing Officer found evidence of fraudulent name-lending: the purported lenders' loan applications and bank accounts were prepared and operated by the assessee's own officers, yet these 37 lenders never disclosed the amounts in their tax returns. The High Court's Division Bench reversed the findings and remanded for fresh proceedings. The Supreme Court held that concurrent findings of fact by the income tax authorities and the single judge should not be lightly disturbed; the Division Bench lacks jurisdiction over facts in writ appeals. The Court set aside the High Court's order and allowed the appeal.

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Income Tax Writ Petition Findings of Fact Appellate Jurisdiction Fraudulent Practices

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