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TMI Blog2011 (1) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... ran Nair, J. This appeal is filed by the Revenue against the order of the Tribunal confirming the CIT (Appeal)'s order partly sustaining the additions and partly cancelling the assessment on various heads. The assessment completed is one under Section 158 BC for the block period from 01/04/1989 to 28/02/2000. 2. We have heard Shri. P.K.R.Menon, learned Senior counsel appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 999-2000 onwards. It is the finding of the appellate authorities that the assessee's son is filing return for the income from the same business. So much so, we do not find any ground to interfere with the order of the Tribunal declining to sustain the additions merely based on the statement given by the assessee under Section 132(4) of the Act. In our view the evidence has to be taken along with o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies and therefore, we do not find any justification to sustain the addition of this amount towards assessee's income. 5. The next question raised pertains to disallowance of exemption claimed under Section 54E for the capital gain received by the assessee on the sale of 15 cents of land at Mannuthy. Here again we notice that the appellate authority on facts found that the building was cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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