No incriminating material on Swiss Bank A/C & Hence No addition can be done: ITAT Delhi
Bhushan Lal Sawhney (ITA.Nos.427, 428, 429, 430, 431 & 432/Del./2017)
Short Overview of the case:
The IT Investigation wing had information that assessee maintained Swiss Accounts but this was vehemently denied by the assessee.
Swiss competent authorities provided information only from April 1, 2011. Earlier years (to which this litigation pertained) were not covered by the Exchange of Information Article in the India-Switzerland tax treaty and so account details for the relevant period was not provided by the Swiss authorities.
In 2007 an employee of HSBC Bank-Geneva obtained information on nearly 30,000 bank accounts and became a whistleblower and this case was based on the same information.
The Dehi ITAT held as below:
There is no incriminating material available on record to make any addition in any assessment years.
So the addition of unexplained bank deposits or interest cannot be made.
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