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Income Tax - Highlights / Catch Notes

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Assessment u/s 153A - addition u/s 68 - The assessee contended ...


Tribunal Rules Section 153A Additions Invalid Without Incriminating Evidence; Deletes Unjustified Additions.

March 18, 2024

Case Laws     Income Tax     AT

Assessment u/s 153A - addition u/s 68 - The assessee contended that the additions were not based on any incriminating material found during the search. The Tribunal held that no addition could be made under Section 153A in the absence of incriminating material for the years where no assessment was pending. The court accepted this contention and deleted the additions. - The ITAT examined several additions and disallowances made by the assessing officer, including those related to cash deposits, unsecured loans, and depreciation on vehicles. In each instance, the court meticulously evaluated the submissions, documentary evidence, and legal positions before rendering its decisions, often in favor of the assessee by deleting unjustified additions.

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