Tag: Search & Seizure
CIT approval u/s 153D in bulk draft assessment orders on a single day held to be mechanical approval vitiating entire proceedings. ABCAUS Case Law CitationABCAUS 3555 (2021) (10) ITAT Important case law relied referred:Shri Navin Jain vs. DCIT In the instant case the assessee had taken an additional …
Data retrieved from Pen-drive and admission by vendors though may have a persuasive value no substantive evidentiary value to make additions. Data retrieved from digital device certificate u/s 65B(4) of Evidence Act must prove its authenticity. In the instant case, the assessee had cjhallenged the order passed by …
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, …
Addition u/s 69A for unexplained cash deposited in bank account of the assessee in excess of his yearly salary income deleted In the instant case, the assessee had challenged the order passed by the CIT(A) in upholding the addition made by the Assessing Officer (AO) towards the difference …
Mandatory provisions of Section 153C must be followed before proceeding where AO is same for person searched and third party ABCAUS Case Law CitationABCAUS 3496 (2021) (04) ITAT Important case law relied referred:CIT vs. RRJ Securities Pvt. Ltd. 380 ITR 612 (Del.) (HC)CIT vs. Swar Agencies 397 ITR …
CBDT Circular though meant for non-seizure of jewellery takes into account quantity of jewellery generally held by family members of a Hindu Family ABCAUS Case Law CitationABCAUS 3482 (2021) (04) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the …
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 …
ITAT rejects and disbelieves cash gifts by close relatives at the time of marriage and anniversary as no such evidence was found during search ABCAUS Case Law CitationABCAUS 3420 (2020) (11) ITAT Important case law relied upon by the parties:Dhirajlal Girdharlal vs. CIT 26 ITR 736(SC)Omar Salay Mohamed …
Assessee can not be taxed for jewellery belonging to family members erroneously or under compulsion offered to tax during search ABCAUS Case Law CitationABCAUS 3414 (2020) (10) ITAT Important case law relied upon by the parties:CIT v Rakesh Ramani 94 taxmann.com 461 (Bom)(HC)/Balmukund Acharya v DCIT 310 ITR …
Addition for alleged cash payment based on file/data retrieved from hard disk found during search of third party quashed in absence of corroborative evidence ABCAUS Case Law CitationABCAUS 3404 (2020) (10) ITAT Important case law relied upon by the parties:Subhash KhattarArvind Nath Seth & Sons HUFCIT vs. Alpha …