Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Addition under s.69 for alleged cash "on-money" paid over and above the agreement value for purchase of shop premises was examined on whether it could be sustained solely on third-party seized material and an employee's statement. In absence of any corroborative evidence linking the assessee to such payment, and where the assessee categorically denied any cash outflow, reliance on untested third-party material was held insufficient. Failure to confront the assessee with the seized material and denial of requested cross-examination vitiated the evidentiary basis. The addition was deleted and the issue was decided in favour of the assessee - ITAT
Addition under s.69 for alleged cash "on-money" paid over and above the agreement value for purchase of shop premises was examined on whether it could be sustained solely on third-party seized material and an employee's statement. In absence of any corroborative evidence linking the assessee to such payment, and where the assessee categorically denied any cash outflow, reliance on untested third-party material was held insufficient. Failure to confront the assessee with the seized material and denial of requested cross-examination vitiated the evidentiary basis. The addition was deleted and the issue was decided in favour of the assessee - ITAT
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