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...
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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