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    <title>2023 (2) TMI 1452 - ITAT AHMEDABAD</title>
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    <description>Completed regular assessments cannot be reopened for fresh additions in search-linked proceedings absent incriminating material specifically connecting those items to the search; where no seized evidence ties the regular items to the search, additions are unsustainable. Unsecured loans recorded in books are not treated as unexplained cash credits when identity, genuineness and creditworthiness of lenders are established by PAN, confirmations, bank routing and audited records, and the primary onus under cash-credit principles is discharged. Unaccounted business receipts are taxable only on the embedded profit element (Tribunal directed an 8% benchmark in comparable facts). Seized third-party documents are admissible against the assessee where a factual nexus with assessee records exists; cross-examination of third-party custodians is not an absolute prerequisite.</description>
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      <description>Completed regular assessments cannot be reopened for fresh additions in search-linked proceedings absent incriminating material specifically connecting those items to the search; where no seized evidence ties the regular items to the search, additions are unsustainable. Unsecured loans recorded in books are not treated as unexplained cash credits when identity, genuineness and creditworthiness of lenders are established by PAN, confirmations, bank routing and audited records, and the primary onus under cash-credit principles is discharged. Unaccounted business receipts are taxable only on the embedded profit element (Tribunal directed an 8% benchmark in comparable facts). Seized third-party documents are admissible against the assessee where a factual nexus with assessee records exists; cross-examination of third-party custodians is not an absolute prerequisite.</description>
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