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...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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In unabated assessments, additions under section 153A must rest on year-specific incriminating material; the Tribunal held that a loose sheet containing only rough notings, unrelated to the relevant assessment years, could not support presumed receipt of unaccounted cash from property sales, and the additions were deleted. It also held that section 69A could not apply where the assessee was not shown as buyer, seller, confirming party or beneficiary, and the receipts were plausibly explained as brokerage-related signatures without any corroborative evidence of ownership, possession or cash flow to the assessee. Both surviving additions were therefore unsustainable and were deleted.
In unabated assessments, additions under section 153A must rest on year-specific incriminating material; the Tribunal held that a loose sheet containing only rough notings, unrelated to the relevant assessment years, could not support presumed receipt of unaccounted cash from property sales, and the additions were deleted. It also held that section 69A could not apply where the assessee was not shown as buyer, seller, confirming party or beneficiary, and the receipts were plausibly explained as brokerage-related signatures without any corroborative evidence of ownership, possession or cash flow to the assessee. Both surviving additions were therefore unsustainable and were deleted.
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