Sushen Mohan Gupta v. ACIT (2025) 236 TTJ 32 (Delhi)(Trib)

S. 153A: Assessment]-Search-Incriminating material-32GB Pen-drive available with the Investigation Wing-Statement taken under section 50 of Prevention of Money Laundering Act by Enforcement Directorate (ED)]-Excel sheets]-No additions could be made in the absence of any incriminating material found during the course of search. [S. 132(4), Prevention of Money Laundering Act, 2002, S.50]

 

A pen drive containing five Excel sheets on the basis of which the addition was made. The Tribunal held that the pen-drive which was received by the IT Department from the ED and the Excel sheets found in the supplementary charge-sheet in the other pen-drive during the course of search against the assessee did not constitute incriminating material/ evidence and, therefore, the additions made by the AO in the assessment under s. 153A, based on said material, cannot be sustained. (AY. 2011-12 to 2017-18)

Leave a Reply

Your email address will not be published. Required fields are marked *

*