https://www.taxtmi.com/caselaws?id=448510 The ITAT Delhi quashed an assessment order under section 153A where the AO invoked section 153C provisions without proper justification. Following the Delhi HC precedent in Pepsico India case, the tribunal held that since the searched person had not disclaimed ownership of the seized documents, they could not be deemed to belong to another party. The AO failed to provide cogent material establishing that documents found during search belonged to the appellant company rather than the searched person. Without discharging this burden of proof, invoking section 153C was legally improper. en-us Thu, 30 Nov 2023 00:00:00 +0530 Fri, 19 Jan 2024 17:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=448510 The ITAT Delhi quashed an assessment order under section 153A where the AO invoked section 153C provisions without proper justification. Following the Delhi HC precedent in Pepsico India case, the tribunal held that since the searched person had not disclaimed ownership of the seized documents, they could not be deemed to belong to another party. The AO failed to provide cogent material establishing that documents found during search belonged to the appellant company rather than the searched person. Without discharging this burden of proof, invoking section 153C was legally improper. Case-Laws Income Tax Thu, 30 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=448510