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Applicability of provisions of the Evidence Act, with respect to digital evidence, were applicable to Income-tax proceedings?

Case Law Details

Case Name
DCIT Vs Balar Marketing Pvt. Ltd. (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
Advertisement DCIT Vs Balar Marketing Pvt. Ltd. (ITAT Delhi) Conclusion: In the absence of proper compliance with Section 65B and failure to establish a clear chain of custody, the digital evidence relied upon by the Revenue lacked legal admissibility and evidentiary value. Mere reliance on extracted data without demonstrating its authenticity and integrity could not sustain an assessment. Accordingly, the assessment framed on such unreliable material was liable to be set aside. Held: During the search proceedings various electronic devices such as Hard disks, Mobile phones, Pen drives, et...
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