Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
In assessment under s.153A, the core issue was whether additions for alleged unreported commission could be sustained on the basis of seized documents. The tribunal held that the seized material did not belong to the assessee; therefore, any assessment or addition founded on such documents lacked evidentiary basis and was unsustainable, resulting in deletion of the commission additions. On the related issue of the first appellate authority's direction to adopt a commission/net profit rate by referencing a rate used by the Settlement Commission in another group's case, the tribunal held that this direction was inseparably premised on the same incriminating material and thus could not survive; the assessee's ground was allowed. - ITAT
In assessment under s.153A, the core issue was whether additions for alleged unreported commission could be sustained on the basis of seized documents. The tribunal held that the seized material did not belong to the assessee; therefore, any assessment or addition founded on such documents lacked evidentiary basis and was unsustainable, resulting in deletion of the commission additions. On the related issue of the first appellate authority's direction to adopt a commission/net profit rate by referencing a rate used by the Settlement Commission in another group's case, the tribunal held that this direction was inseparably premised on the same incriminating material and thus could not survive; the assessee's ground was allowed. - ITAT
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