income tax search judiciary-2

HC Quashes Appeal as No Incriminating Material Found During Income Tax Search

PCIT Vs Meera Gupta (Delhi High Court)

Delhi High Court dismisses the Income Tax Departments appeal against Meera Gupta for Assessment Years 2009-10, 2011-12 & 2013-14, affirming SC ruling....

No addition in case of search Assessment, if no incriminating material found during search: SC

PCIT Vs. Abhisar Buildwell P. Ltd. (Supreme Court)

In respect of completed/unabated assessments, no addition can be made in absence of any incriminating material found during search: SC...

Income Tax Search to be conducted by jurisdictional officers of assessee only

Anil Jain Vs Principal Director General of Income Tax (Inv) (Madras High Court)

Madras HC declares search at Anil Jain's residence and office illegal. Jurisdictional issues raised. Reference to Section 120 and Notification S.O.2914(E) (69/2014)....

Amendment to section 153C also applies to Section 132 searches conducted before 01.06.2015: SC

ITO Vs Vikram Sujitkumar Bhatia (Supreme Court of India)

SC held that amendment to Section 153C vide Finance Act, 2015 shall be applicable to searches conducted under Section 132 before 01.06.2015...

Addition merely based on confession during search is unsustainable

DCIT Vs NIBR Bullion Pvt. Ltd. (ITAT Mumbai)

ITAT Mumbai held that addition merely on the basis of confession during the course of search operation without supporting evidence is unsustainable in law....

Section 153A: No Additions if no Incriminating Materials unearthed during search

PCIT Vs Gautam Bhalla (Delhi High Court)

PCIT Vs Gautam Bhalla (Delhi High Court) Appellant states that the ITAT has erred in holding that the addition which was not based on incriminating material found during the search, could not be made the basis for an assessment order under section 153A of the Income Tax Act, 1961 without going into merits of the […]...

No Section 153A/153C addition If no Incriminating Material found during Search

PCIT Vs Mamta Agarwal (Delhi High Court)

If no incriminating material found during Income Tax search in respect of an issue, no addition for such issue can be made Sections 153A/153C ...

Offering lower amount than income surrendered during course of search

Daya Properties and Finance Vs ACIT (ITAT Indore)

Daya Properties and Finance Vs ACIT (ITAT Indore) We observe that during the course of search cash sum of Rs.37,02,020/- was found and assessee failed to explain its source and accepted to offer it as additional income. No specific retraction was made before filing of return of income. In the return of income assessee partly […]...

Search Assessment- No addition if no Incriminating Material Found during Search

Jasmin K. Ajmera Vs DCIT (ITAT Mumbai)

Jasmin K. Ajmera Vs DCIT (ITAT Mumbai) It is settled legal proposition that the confession need corroboration with evidences. Though admission is an important piece of evidence but it is not conclusive and it is open to the assessee to show that it is incorrect. Therefore, retracted admission, in the absence of any incriminating material,...

Section 115BBE addition unsustainable for Search conducted prior to 01.04.2017

DCIT Vs Punjab Retail Pvt. Ltd (ITAT Indore)

Held that search was carried out before the amendment, the addition ought to have been made in terms of the prevailing provision. Therefore, the addition made by the AO invoking Section 115BBE provision of which came into force only on 01.04.2017 is not sustainable....

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