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. 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)]

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-Loose papers-Sale of scrap-Entries were for the financial year 2014-15-Assessee offered the income for the AY. 2015-16- Assessing Officer estimated the income in all units from the assessment years 2009-10 to 2015-16-Addition was deleted-Share capital-Group companies-Sufficient source-Addition was deleted. [S. 68]

Uma Polymera Ltd. v. Dy. CIT (2022) 219 TTJ 47 / 217 DTR 353 (Mum)(Trib)

S. 153A : Assessment-Search or requisition-Search and seizure-Wrongly adopting the figure of unaccounted assets in place of the unaccounted capital offered by the assessee in the return of income-Deletion of addition was affirmed.

ACIT v. River Valley Flour Mills (P) Ltd. (2022) 220 TTJ 127/220 DTR 55 (Pat) (Trib) ACIT v. Chandana Kothari (Smt) & Ors. (2022) 215 TTJ 729 /211 DTR 149 (Nag) (Trib)

S. 153A : Assessment-Search or Requisition-Seized material had not been corroborated-Addition was deleted. [S. 4, Indian Evidence Act, 1872, S. 65B(4)]

ACIT v. Anand Jaikumar Jain (2022) 215 DTR 309 / 218 TTJ 813 / (2023) 147 taxmann.com 125 (Mum) (Trib)

S. 153A : Assessment-Search or requisition-Settlement Commission-Assessment of third person-Double taxation-Long-term capital gains-Capital gains relating to assessee already disclosed and taxed in hands of firm, in which the assessee was partner, and accepted by Settlement Commission-Cannot be taxed again in hands of assessee. [S. 10(38), 45, 132, 153C, 245A(4), 245D]

Radhika Goel (Smt) v. Dy. CIT (2022) 95 ITR 39 (Chd)(Trib)

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)]

Unified Infrastructure Pvt. Ltd v. ACIT (2022)96 ITR 62 (SN) (Delhi) (Trib) Unified Developers Pvt. Ltd. v ACIT (2022)96 ITR 62 (SN) (Delhi) (Trib)

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]

ACIT v. Renaissance Cultivation LLP (2022) 96 ITR 665 / 219 TTJ 327 /141 taxmann.com 252 (Pune)(Trib)

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]

BGR Energy Systems Ltd. v. ACIT (2022)96 ITR 625 (Chennai) (Trib) ACIT v. Sasikala Raghupathy (Smt.) (2022)96 ITR 625 (Chennai) (Trib)

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]

Tripta Rani (Smt.) v. ACIT (2022)97 ITR 389 (Chad) (Trib)

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]

ACIT v. Anand Jaikumar Jain (2022) 215 DTR 309 / 218 TTJ 813 / [2023] 147 taxmann.com 125 (Mum)(Trib)