Assessment u/s 153C - Undisclosed investment u/s 69 r.w.s 115BBE ...

Case Laws     Income Tax

March 12, 2024

Assessment u/s 153C - Undisclosed investment u/s 69 r.w.s 115BBE - Whether incriminating material belonging to Assessee found during the course of search on the basis of which addition is made? - The Tribunal dissected the allegations and defenses, scrutinizing the legitimacy of the seized documents, their relation to the assessee, and the actual value of the property in question. The tribunal was tasked with determining whether the documents held any credence in proving undisclosed investments by the assessee and if the procedural aspects under the IT Act were duly followed. - The Tribunal favored the assessee's arguments, highlighting the lack of concrete evidence linking the seized documents to undisclosed investments directly attributable to the assessee. It questioned the AO's reliance on circumstantial evidence without substantiating the actual transaction amount or proving the assessee's involvement beyond reasonable doubt.

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