Tag: incriminating material
Finding of ITAT that retracted statement cannot be termed as incriminating material not appealable before High Court In a recent judgment, Hon’ble Guwahati High Court has held that finding of the ITAT and CIT(A) that retracted statement cannot be termed as incriminating material not liable to be interfered …
Incriminating material has to be identified with respect to each Assessment Year before proceeding u/s 153C – Department’s SLP dismissed In a recent judgment, Hon’ble Supreme Court has dismissed the SLP against the judgment of the Delhi High Court in holding that “incriminating material” would have to be …
Addition on account of unexplained investment in construction of hotel building and undisclosed income from Lawn Garden bookings – ITAT dismissed appeal of the Income Tax Department In a recent judgment, ITAT Jaipur has upheld the deletion of additions of account of unexplained investment in construction of hotel …
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 …
