9911796707
TMI Blog2012 (4) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... erns had common store in the same building. It is seen that simultaneously on 10.3.1999 itself the Managing Partner's house as well as another premises of the Bimbis functioning in another place at Ernakulam was also searched based on separate warrants - Held that: the search is carried out strictly by following the procedure contained under Rule 112 and by issuing warrant by giving the names of each and every assessee separately after describing all of them as "Bimbis Group of Concerns" - Decided against the assessee by way of direction to Tribunal to decide this case on merit - ITA.No. 1201 of 2009 - - - Dated:- 10-1-2012 - MR.JUSTICE C.N.RAMACHANDRAN NAIR, MR.JUSTICE K.VINOD CHANDRAN, JJ. For Appellant: ADVS.SRI.P.K.R.MENON,SR.CO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Tribunal on the ground that search warrant issued was in the name of group concerns with names of the assessees separately stated therein. Senior counsel for Revenue has relied on Division Bench decision of this court in JOSE CYRIAC Vs. COMMISSIONER OF INCOME TAX reported in (2011) 336 ITR 241 wherein this court reversed the said order of the Tribunal relied on by them in allowing the assessee's claim in these cases. Since the Tribunal has relied on their own order which stands now reversed by judgment of this court above referred, the appeals filed by the Revenue have to be necessarily allowed by vacating the orders of the Tribunal and with direction to the Tribunal to decide the appeals on merits. However, since counsel for the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... managed by same party, though under separate group names and concerns for the purpose of income tax benefits. On going through the Tribunal's order we notice that Tribunal has taken only one line from the warrant wherein the premises to be searched is stated as Bimbis Group of concerns and the Tribunal has not cared to note the individual names of assessees mentioned in the warrant which are extracted by us above. It is also seen that all the Panchanamas after search were received by the common person by name P.A.Abdul Gafoor, Manager of the concern. During search it was also noticed that all the group concerns had common store in the same building. It is seen that simultaneously on 10.3.1999 itself the Managing Partner's house as well as a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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