ACIT v. Suryadev Alloys & Power (P) Ltd. (2022) 217 TTJ 537 (Chennai) (Trib) ACIT v. BMP Steels (P) Ltd (2022) 217 TTJ 537 (Chennai) (Trib)

S. 153A : Assessment-Search or requisition-Cash credits-Share capital-Share premium-Burden discharged-Proviso to S. 68 inserted w.e.f. 1st April, 2013 is prospective in nature, application from AY. 2013-14 onwards-Addition was deleted [S. 56(2)(vib), 68, 133(6)]

Held that the AO was not justified in making the impugned addition under S. 68 solely on the basis of inference drawn from the Investigation report of the Department and statements of certain persons recorded at the time of investigation which were not confronted to the assessee proviso to S. 68 inserted w.e.t. 1st April, 2013 is prospective in nature, applicable from asst. yr. 2013-14 onwards. Deletion of addition was affirmed. (AY.2013-14, 2007-08 to 2012-13)