Tag: incriminating material
Whether seized document is incriminating or not is definitely a findings of fact – High Court In a recent judgment, High Court has held that whether seized document is incriminating or not is definitely a findings of fact. Hard disk was not incriminating documents as its contents were …
Assessment u/s 147 on the basis of seized material found during search of third party void ab-initio – ITAT In a recent judgment, ITAT has quashed the re-assessment order passed u/s 147 holding that when incriminating material is seized belonging to person other than searched, assessment has to …
Additions based on statement recorded u/s 132(4) without considering Retraction Affidavit with evidences deleted In a recent judgment, ITAT has deleted additions which were based on only statement recorded u/s 132(4) and without taking note of the Retraction Affidavit filed by the assessee with relevant evidences. ABCAUS Case …
Addition based on projected income surrendered during search deleted as actual gross income reported in audited accounts was higher ABCAUS Case Law Citation:ABCAUS 3738 (2023) (05) ITAT In the instant case, the Revenue had challenged the order passed by CIT(A)/FAA deleting the addition for undisclosed profit made by …
No additions can be made u/s 153A for completed/unabated assessments in absence of any incriminating material found during search u/s 132 – Supreme Court settles the controversy by affirming the law laid down by Delhi High Court in Kabul Chawla ABCAUS Case Law Citation:ABCAUS 3716 (2023) (04) SC …
Addition for undisclosed foreign bank account deleted as the information received in pen drive under DTAC lacked basic essentials of a bank statement. In the instant case, the assessee was aggrieved by the order of the CIT(A) confirming the addition u/s 69 of the Income Tax Act, …
Surrender of income due to recovery of documents during survey can not be said to be voluntarily. ITAT upheld penalty u/s 271(1)(c) ABCAUS Case Law CitationABCAUS 3472 (2021) (03) ITAT Important case law relied referred:MAK Data (P) Ltd. v. CIT (2013) 358 ITR 593(SC)Samson Maritime Ltd. 88 taxmann.com …
STamp duty valuation not a relevant criteria to decide payment of on-money by assessee but piece of evidence to ascertain correct facts with regard to value of property ABCAUS Case Law CitationABCAUS 3455 (2021) (02) ITAT Important case law relied referred:ShyamKumar vs. ACIT (2018) 99 Taxman.com 39Pullongode Rubber …
Addition u/s 69 on the basis of unsigned receipts found during search deleted. Such unsigned receipts could not have been treated incriminating documents ABCAUS Case Law Citation:ABCAUS 3251 (2020) (02) ITAT In the instant case, the appellant assessee had challenged the order of the CIT(A) in confirming the …
Incriminating documents belonging to or containing information pertaining to assessee. The High Court explains the amendment made in section 153C ABCAUS Case Law Citation:ABCAUS 3122 (2019) (08) HC Important case law relied upon by the parties: Pepsi Foods Pvt. Ltd. v. Assistant Commissioner of Income Tax (2014) 367 …
