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Section 153A Invalid Where No Incriminating Material Found in Search: ITAT Delhi
Case Law Details
- Case Name
- Hector Enterprises Pvt. Ltd Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2019-20
- Courts
- All ITAT, ITAT Delhi
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Hector Enterprises Pvt. Ltd Vs DCIT (ITAT Delhi)
Section 153A Assessment Quashed – No Incriminating Material Addition Based Only on Retracted Statement Held Invalid
The Delhi ITAT allowed the assessee’s appeal and deleted the addition of ₹27.99 crore made as alleged long-term capital gains in proceedings under Section 153A, holding the entire assessment to be without jurisdiction and unsustainable on merits. The Tribunal noted that although a search was conducted at the assessee’s premises, no incriminating material whatsoever was found or seized from the assessee. The addition was mad...





