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-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)

S. 153A : Assessment-Search or requisition-Unabated assessment-No incriminating material was found-Addition cannot be made. [S. 132, 143(3)]

ACIT v. N.M. Agro Pvt Ltd (2022) 100 ITR 482 (Delhi)(Trib)

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)]

V. Premalatha (Smt) v. ACIT (2022)100 ITR 432 (Chennai)(Trib)