Tag: incriminating material

Documents obtained post search and information obtained from the public domain not incriminating material. Documents obtained by AO post search and information obtained from the public domain was not incriminating material. Hence, the satisfaction recorded by the AO was against the provisions of Section 153C of the Income …

There is no presumption of accuracy or truthfulness of any loose sheet found in search premises of a third party – ITAT In a recent judgment, ITAT has held that presumption u/s 132(4A) r.w.s. 292C is applicable only in case of searched person and cannot be raised against …

In abated search assessments u/s 153A, AO’s investigative powers are wide and are not restricted to “incriminating material” only – High Court In a recent judgment, Hon’ble High Court has held that in an abated search assessments under Section 153A, the AO’s investigative powers are as wide as …

Addition on the basis of third party information in form of unsigned excel sheet can not be sustained – ITAT In a recent judgment, ITAT Rajkot has held that addition made on the basis of third party information in form of unsigned excel sheet can not be sustained. …

Shagun money received on marriage of individual cannot be considered as income in the year of its receipt – ITAT In a recent judgment, ITAT has held that receipt of shagun money without consideration on the occasion of the marriage of the individual cannot be considered as the …

Addition cannot be made in the hands of the assessee solely on the basis of uncorroborated loose-sheet – ITAT In a recent judgment, ITAT Surat has held that addition cannot be made in the hands of the assessee solely on the basis of uncorroborated loose-sheet. ABCAUS Case Law …

Assessing Officer had taken a reasonable stand that 25 kg written in WhatsApp chat/text message was 25 lakh – ITAT In a recent judgment, ITAT has held that the Assessing Officer had taken a reasonable stand that 25 kg written in text message/chat represented 25 lakh and the …

Addition deleted as it was made on the basis of letter of District Magistrate which not recovered during the search In a recent judgment, Allahabad ITAT has deleted addition made on the basis of letter of District Magistrate which had not been recovered during the search and therefore, …

Reassessment quashed as AO issued u/s 148 instead of 153C as reopening was based on incriminating material found during search In a recent judgment, ITAT Pune has quashed the reassessment order as Assessing Officer (AO) should have issued notice u/s 153C instead of notice u/s 148 since the …

When information contained in loose papers not corroborated with assessee, there is absolutely no room for presumption that it belongs to the assessee. In a recent judgment, ITAT Agra has held that information contained in loose papers if not corroborated with the assessee, there is absolutely no room …