2024 (12) TMI 1010 - SCH - Income Tax

Validity of Assessment u/s 153A - addition for bogus unsecured loan and bogus LTCG/ STCG - incriminating materials found at the time of search/ survey or not? - HELD THAT - All that the High Court 2022 (7) TMI 294 - ALLAHABAD HIGH COURT has done is to remit the matter to the Income Tax Appellate Tribunal to consider the alleged incriminating materials which was looked into by the AO as well as the CIT (Appeals) for the purpose of Section 153A of the Income Tax Act, 1961. The issue is still wide open for both the sides to put forward their respective cases. We decline to interfere with the common impugned orders passed by the High Court. Special Leave Petitions are, accordingly, dismissed.

Summary

The Supreme Court declined to interfere with the High Court's decision to remit the matter to the Income Tax Appellate Tribunal for further consideration of alleged incriminating materials. The Special Leave Petitions were dismissed, leaving all rights and contentions open to be presented before the Tribunal. Pending applications were also disposed of.