Tag: Search & Seizure
No prosecution u/s 275B when electronic gadgets and ERP user IDs and passwords was provided to search party – Sessions Court In a recent judgment, the Sessions court has set aside the summon order holding hat Vague or incongruous answers to questions do not attract section 275B except …
Procedure to requisition services of Police/Govt. Official in search operation & reference to valuer CBDT has issued Notification No. 70/2023 dated 28.08.2023 prescribing a new Rule 13 for procedure to be followed for requisition of services of Police/Govt. Official in search operation & reference to valuer u/s 132 …
Explanation that jewellery was acquired out of agricultural income of Bigger HUF before its partition cannot be termed as not plausible – ITAT ABCAUS Case Law Citation:ABCAUS 3753 (2023) (05) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming addition …
There is no provision in the Income Tax Act to tax the difference between value of jewellery declared and jewellery found in search as deemed sale ABCAUS Case Law Citation:ABCAUS 3744 (2023) (05) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) …
There is no prohibition to adjust seized cash with self assessment tax. Only prohibited is for adjustment of seized cash with advance tax – ITAT ABCAUS Case Law Citation:ABCAUS 3720 (2023) (04) ITAT Important Case Laws relied upon:ACIT vs. Narendra N. Thacker 82 taxmman.com 64Spaze Towers (P) Ltd …
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 …
Statement recorded u/s 132(4) is not sacrosanct merely because assessee failed to demonstrate any coercion and duress – ITAT ABCAUS Case Law Citation:ABCAUS 3708 (2023) (04) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in upholding the addition of undisclosed income …
Mere providing evidence relied upon by AO no substitute of fundamental right of opportunity for cross-examination – ITAT ABCAUS Case Law Citation:ABCAUS 3705 (2023) (04) ITAT Important Case Laws relied upon by parties:Andaman Timber Industries vs. Commissioner of Central Excise, 314 ELT 641 (SC)I.C.D.S. Ltd. vs CIT 273 …
Amendment to Section 153C vide Finance Act, 2015 applicable to searches conducted u/s 132 before 01.06.2015 – Supreme Court ABCAUS Case Law Citation:ABCAUS 3698 (2023) (04) SC Important Case Laws relied upon by parties:Pepsico India Holdings Private Limited Vs. Assistant Commissioner of Income Tax, 2014 SCC OnLine Del …
Onus to explain investment sources by wife discharged when she and her husband both admitted that husbands paid the money – ITAT ABCAUS Case Law CitationABCAUS 3644 (2023) (01) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition …