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    <title>2024 (4) TMI 1340 - ITAT DELHI</title>
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    <description>ITAT Delhi-AT allowed the assessee&#039;s appeal, holding that the Rs. 5 crore addition made in regular assessment u/s 143(3) for AY 2012-13 was invalid. The alleged undisclosed payment, based solely on an email seized from a third party and a statement recorded u/s 132(4), could only be examined in separate proceedings u/s 153C, not in a regular assessment for the year of search. The Tribunal further held that, on merits, there was no corroborative evidence of the alleged payment to the counterparty; the statement stood effectively retracted, and the AO failed to obtain independent confirmation. The addition was quashed and deleted.</description>
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    <pubDate>Mon, 08 Apr 2024 00:00:00 +0530</pubDate>
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      <title>2024 (4) TMI 1340 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=465077</link>
      <description>ITAT Delhi-AT allowed the assessee&#039;s appeal, holding that the Rs. 5 crore addition made in regular assessment u/s 143(3) for AY 2012-13 was invalid. The alleged undisclosed payment, based solely on an email seized from a third party and a statement recorded u/s 132(4), could only be examined in separate proceedings u/s 153C, not in a regular assessment for the year of search. The Tribunal further held that, on merits, there was no corroborative evidence of the alleged payment to the counterparty; the statement stood effectively retracted, and the AO failed to obtain independent confirmation. The addition was quashed and deleted.</description>
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