This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 153C : Assessment-Income of any other person-Search Development and construction of real estate-No incriminating material-The statement of the persons of Lodha group based on the electronically retrieved data-Addition based on such retrieved data, not sustainable, Addition was deleted. [S. 132(4), Evidence Act, 3, 22A, 45A, 62, 115, S. 65B, Information Technology Act, 2000, S. 2, 59, 65A, 65B, 79A,]

Simtools (P) Ltd. v. Dy. CIT (2022) 219 TTJ 887 (Mum)(Trib)

S. 153C : Assessment-Income of any other person-Search-Documents neither belonged to Assessee nor was incriminating in nature-Proceedings invalid. [S. 132]

Neesa Technologies Pvt. Ltd. v. DCIT (2022) 217 TTJ 649/ 214 DTR 172 (Ahd)(Trib)

S. 153C : Assessment-Income of any other person-Search-Interest Paid on post-dated cheques in cash outside books of account-No documents belonging to assessee was found and seized-Interest on Post-dated cheques to be deleted. [S. 132]

Rainbow Promoters (P.) Ltd. v. ACIT (2022) 95 ITR 232 (Delhi)(Trib)

S. 153C : Assessment-Income of any other person-Search-Satisfaction note mentioning incriminating evidence-Not relating to relevant assessment year-Beyond jurisdiction-Addition is not valid. [S. 142(1), 143(2)]

Heaven Suppliers Pvt. Ltd. v. ACIT (2022) 96 ITR 4 (SN) (Delhi) (Trib)

S. 153C : Assessment-Income of any other person-Search-No incriminating material was found-Changing head of income from business income to income from other sources-Addition is not sustainable-Binding precedent-Pending of SLP-Ratio of High Court decision has to be followed. [S. 132]

Dy. CIT v. Apoorva Extrusion P. Ltd. (2022)100 ITR 7 (SN) (Delhi) (Trib)

S. 153C : Assessment-Income of any other person-Cash credits-Additions on account of unexplained credits-Absence of any contradictory material-Additions affirmed by CIT (A) justified. [S. 68, 153A]

Amit Sanap v. Dy. CIT (2022)97 ITR 19 (SN) (Mum) (Trib)

S. 153C : Assessment-Income of any other person-Search-Undisclosed income-Retraction-Retraction statement is held to be valid-No incriminating material-Capitalisation fee-Extrapolation of addition in the previous year or subsequent year-Addition was deleted-Validity of assessment-Not raised before the Assessing Officer or CIT(A)-Application under Rule 27 was dismissed. [S. 132(4) 143(2), 292C, ITATR. 27.]

Dy. CIT v. Shikshana Prasaraka Mandali Sharda Sabhagruha (2022) 219 TTJ 518 (Pune)(Trib)

S. 153C : Assessment-Income of any other person-Search-Search on 27-10-2014-Seized Ledger account of transactions of person in respect of whom search conducted forwarded with satisfaction note to Assessing Officer of Assessee-Cannot be said to be belonging to assessee-Order is void ab initio-Pre amended law to be applied. [S. 132]

Nalin Vyas v. ITO (2022) 98 ITR 680 (Mum.) (Trib.)

S. 153B : Assessment-Search-Time limit-DNCR not handwritten in assessment order-Order was not passed within limitation period-Order liable to be quashed as beyond limitation. [S. 132, 153D]

Sujata Panda v. ACIT (2022) 220 TTJ 899 (Cuttack) (Trib)

S. 153A : Assessment-Search or requisition-Assessment-Limitation-The JCIT granted the approval u/s. 153D on 30/12/2016 does not prove that the order has been passed on 30/12/2016 and hence the assessment order purported to have been passed on 30/12/2016 is barred by limitation and therefore quashed. [S. 153, 153D 153B]

Sujata Panda v. ACIT (2022) 220 TTJ 899 / 220 DTR 185 (Ctk) (Trib.)