S. 153A : Assessment-Search or requisition-No notice was issued on original return filed-Assessment proceedings not pending on date of search-Addition is not valid. [S. 143(1), 143(2)]
S. 153A : Assessment-Search or requisition-No notice was issued on original return filed-Assessment proceedings not pending on date of search-Addition is not valid. [S. 143(1), 143(2)]
S. 153A : Assessment-Search or requisition-Assessment of third person-Agricultural land at time of transfer and put to agricultural operations-Purchaser of land used for non-agricultural purpose not relevant in determining nature of aassets sold by aaassessee on date of sale-Sale consideration cannot be assessed as business income-Order of CIT(A) is affirmed. [S. 10(38), 28(i), 45]
S. 153A : Assessment-Search or requisition-Bogus Purchases-Additions made for bogus purchases in name of assessee’s concern-Additions made to similar amounts in hands of assessee amounts to double addition. [S. 132]
S. 153A : Assessment-Search or requisition-Unexplained money-Assessment of third party-Cash Deposits-Routed through books of accounts-Books of accounts not rejected-Additions made on mere conjecture not sustainable.[S. 69A]
S. 153A : Assessment-Search or requisition-Unaccounted cash transactions-Compensation received for selling shares-Assessing Officer had not conducted any independent enquiry or made any efforts to corroborate such unaccounted cash transactions with seized material addition was unjustified. [S. 4, 132]
S. 153A : Assessment-Search or requisition-Unabated assessment-No incriminating material was found-Addition cannot be made. [S. 132, 143(3)]
S. 153A : Assessment-Search or requisition-Assessments which do not abate-Can be interfered with only on basis of incriminating material or undisclosed income or property unearthed during Search-Time limit to issue notice under Section 143(2) has not expired-Assessing Officer is entitle to verify the income declared. [S. 143(2) 143(3)]
S. 153A : Assessment-Search or requisition-Undisclosed income-Seized material-Set off Shortage of stock was given in the year such shortage was unearthed and not for earlier years-Concealed profits-No evidence was found in the course of search-Addition was deleted. [S. 132]
S. 153A : Assessment-Search or requisition-On money on sale of property-Loose sheets-Agricultural land-Undisclosed income-Found in the possession of buyers-Capital receipt-Admitted the receipt of on money-Cannot be treated as capital receipt-Addition is justified. [S.2(14)(iii), 4, 132]
S. 153A : Assessment-Search or requisition-No incriminating material was found-Issue of shares to Foreign entities-Addition cannot be made as cash credits-Binding precedent-Decisions of the non-jurisdictional High Court are followed by the lower authorities, only in the absence of benefit of guidance by the jurisdictional High Court on that issue.[S. 68]