This review covers the ITAT Delhi’s decision on Rakesh Kumar Bansal’s appeal against the DCIT, Central Circle, Ghaziabad, concerning issues related to the issuance and proceedings under section 153C of the Income Tax Act for the assessment year 2015-16.
The case arose from a search and seizure operation under section 132 of the Act, leading to subsequent notices under section 153C alleging undisclosed income related to property purchases.
The appeal highlighted several procedural and substantive legal issues, including the validity of the notice under section 153C, the jurisdictional aspects of the assessing officer, and the admissibility of electronic records under Indian law.
The tribunal’s analysis focused on the proper application of the law concerning the satisfaction note required for section 153C, the linkage of the seized material to the appellant, and the procedural requirements for electronic records.
The ITAT ruled in favor of the appellant, quashing the additions made under section 69 read with section 115BBE based on the inadequacies in the prosecution’s case and the failure to meet statutory requirements for electronic evidence.
Rakesh Kumar Bansal vs. DCIT, Central Circle, Ghaziabad – ITA 2516/DEL/2022
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