9911796707
TMI Blog2010 (1) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... ee - The Tribunal held that this by itself would not lead to the inference that it was the account of the assessee which was reflected in the documents which were seized -Having regard to the finding by the Tribunal,it is not necessary for the Court to adjudicate upon the questions of law which are kept open to be decided in appropriate proceedings - The Appeal is dismissed accordingly. - 2166 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emises be considered. (C) Whether on the facts and in the circumstances of the case, the Hon'ble ITAT was right in law in utilizing and discarding the evidence gathered by the Assessing Officer and found as a result of search at will and its own convenience. (D) Whether on the facts and in the circumstances of the case and in law, the order of the ITAT is perverse inasmuch as it has based ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which cash payments were made. Copies of the accounts pertaining to Assessment Years 2001-02, 2002-03 and 2003-04 were furnished to the assessee. The assessee denied any relation to those transactions. In response to a notice, Ranka Jewellers submitted that the seized papers have no evidenciary value. Ranka Jewellers claimed that the papers were in the handwriting of an accountant who was no longe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at there was no specific material to link the assessee to the person by the name of Kirti whose name was reflected in the documents which were seized during the course of the search. This is a pure finding of fact which has been rendered by the Tribunal. Consequently, it is not necessary for this Court to adjudicate upon the questions of law which are framed, as noted earlier, since in any eve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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