Tag: search u/s 132

Merely because loan creditor existed in the premises wherein accommodation entry providers had their offices, AO cannot come to the conclusion that loan creditor was also an accommodation entry provider. In a recent judgment, ITAT Delhi has held that merely because loan creditor was existed in the premises …

Even if search held invalid, information or material gathered may be relied upon by revenue only in a proceeding which is not illegal In a recent judgment, Hon’ble Supreme Court has declined to interfere with the judgment of High Court holding that even if the search is held …

When search u/s 132 was not conducted at the registered address of the assessee company, proceeding u/s 153A can not be initiated on the assessee. In a recent judgment, ITAT Delhi has held that when search u/s 132 was not conducted at the registered address of the assessee …

Undated, unsigned and typed loose sheet of paper are dumb document, could not be taken as the sole basis for determination of undisclosed income In a recent judgment, ITAT Amritsar has held that undated, unsigned and typed loose sheet of paper without witness, without any acceptable narration are …

Authorized Officer issuing warrant of authorization of search u/s 132(1) can not issue notice u/s 131(1A) post-search operation.  In a recent judgment, the Allahabad High Court has held that the Authorized Officer who issued warrant of authorization of search u/s 132(1) can not issue notice u/s 131(1A) post-search …

Bulk entries passed in books of accounts cannot be said to be entirely bogus expenses – ITAT In a recent judgment, the ITAT Chennai has held that practice of making bulk entries in books of accounts is indeed an accounting anomaly, but cannot be straightaway construed as booking …

SC declines to interfere with HC order seeking intervention of PM office for action against Income Tax officials In a recent order, Hon’ble Supreme Court has declined to interfere with Hon’ble Bombay High Court judgment seeking intervention of PM office to take action against Income Tax officials for …

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 …

Under section 271AAB undisclosed income also means additional income due to bogus expense recorded in the books of accounts – ITAT ABCAUS Case Law Citation:ABCAUS 3820 (2023) (11) ITAT Important Case Laws relied upon by parties:ACIT vs. Sri Mahender Kumar AgarwalCIT vs. Harjeev Aggarwal, 70 taxmann.com 95 Radhey …

To attract provisions of section 69A sine qua non is “ownership” of money etc. which is not recorded in the books of account not mere presumption- ITAT ABCAUS Case Law Citation:ABCAUS 3819 (2023) (11) ITAT Important Case Laws relied upon by parties:Common cause v. UOI 77 taxmann.com 245 …