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...
In search-related assessments under section 153A, additions were not sustainable in the absence of incriminating material found during the search. Cash shortage at business premises, cash found at residence, opening balance creditors, explained capital introduction, foreign currency purchases, and house construction/renovation were treated as explained on the record, while section 69C and section 69 additions failed because the revenue did not establish that the disputed expenditure or investment was outside the books. Disallowance under section 40A(3) also could not survive where the underlying expenditure was accepted and no specific contravening cash payment or rule 6DD breach was shown. The departmental appeals were rejected and the assessees' cross appeals were allowed to the extent additions had been sustained.
In search-related assessments under section 153A, additions were not sustainable in the absence of incriminating material found during the search. Cash shortage at business premises, cash found at residence, opening balance creditors, explained capital introduction, foreign currency purchases, and house construction/renovation were treated as explained on the record, while section 69C and section 69 additions failed because the revenue did not establish that the disputed expenditure or investment was outside the books. Disallowance under section 40A(3) also could not survive where the underlying expenditure was accepted and no specific contravening cash payment or rule 6DD breach was shown. The departmental appeals were rejected and the assessees' cross appeals were allowed to the extent additions had been sustained.
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