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Income Tax

S. 153A Additions not based on incriminating material are invalid

Case Law Details

Case Name
DMA Investment P. Ltd. Vs DCIT (ITAT Delhi) (Delhi High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2006-07-2009-10
Advertisement Brief of the case: The ITAT Delhi bench in the above cited case held that in case of completed assessment if notice u/s 153A is issued then addition can be made only on the basis of incriminating material found during the course of search. Therefore, any other addition which has nothing to do with the incriminating material found during the search cannot be sustained. Facts of the case: A search and seizure operation was carried out u/s. 132 of the Income Tax Act, 1961 on 22.03.2011 in the case of Amtek Group of Cases. The assessee company was also covered u/s. 132(1) of the...
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Author Info

CA Saurabh Chokhra
Qualification: CA in Job / Business
Location: Hyderabad, Telangana
Articles Published: 243

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