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Pr. Commissioner Of Income Tax vs Kurele Paper Mills P. Ltd on 7 December, 2015

Similar view were expressed in the case Pr. CIT vs. Kurele Paper Mills P. Ltd reported at 380 ITR 571 (Delhi High Court),. Wherein it was held that no incriminating material with regard to hare capital issued was found during the course of search and hence the assessing officer was not justified in invoking section 68. In all these cases it was held that no addition can be made in the hands of the assessee, if there is no incriminating ITA 728-731/Amr/2019 19 document found during the course of search pertaining to the year under consideration. In fact all the documents pertained to AY 2017-18, none was pertaining to the years under consideration .On account of the above we find merits in the appeals of the assessee and hence the appeals of the assessee are required to be allowed on this ground alone. We allow all the appeals of the assessee.
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