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No addition on GTC without evidence of depositing higher price of Cigarettes in fictitious bank account

April 21, 2017[2017] 80 284 (Mumbai - Trib.) (SB)

IT : Where assessee-company, engaged in manufacturing of cigarettes, was allegedly charging a higher price than declared MRP through deceptive packet designs which was technically known as 'Twin Branding Mechanism', mere fact that there was allegation of revenue that said premium collected by wholesale buyers was deposited in fictitious bank accounts belonging to assessee, however, there was no evidence on record indicating that those bank account had been either maintained by assessee or was under control of assessee, or was benami of assessee, amount of premium in question could not be added to assessee's taxable income

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