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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)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2019-20
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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...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,493

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