2012 (8) TMI 738

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..... payments with respect to which the additions were made related to the period after the retirement of the assessee - As the entire issue turns on facts and the Tribunal have elaborately considered the same and the findings cannot at all be termed as perverse - no question of law arises from the order of the Tribunal - against assessee.
MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN, MR.JUSTICE K.VINOD CHANDRAN, JJ. For Appellant: SRI.DALE P.KURIEN For Respondent: SRI.P.K.R.MENON, JUDGMENT K.Vinod Chandran, J: The appellant is an individual assessee and challenges the order of the Tribunal confirming the orders of the lower authorities with respect to block proceedings for the period 1.4.1988 to 30.7.1998. 2. Initially, the residential pr .....

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..... ed from the documents seized from another assessee's business premises. The Assessing Officer rejected the contention, finding that the seized materials were Minutes Books of the partnership firm M/s.Hotel Luciya Drive Inn Restaurant and the proceedings recorded therein were in the handwriting of the Manager of the said firm, as was admitted by the assessee. The Assessing Officer also found that one of the seized documents revealed that the actual investment was not Rs.30 lakhs as is stated in the partnership deed dated 28.4.1995, but was Rs.95 lakhs. The assessee was in appeal before the first appellate authority and the Tribunal, both of which went against him. 5. Assessee is before us raising a number of questions of law with respect to .....

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..... ance on a document, Exhibit A20, which is dated 5.4.1995, which talks at length, according to the first appellate authority, regarding the total cost involved in the purchase of Hotel Luciya, which is revealed as Rs.95 lakhs. It is evident that the partners had pooled in money immediately prior to the execution of the deed and had executed the deed, but not showing the entire amounts brought into the partnership. It is also to be noticed that the Tribunal had extracted the findings of the first appellate authority, wherein the first appellate authority has found seized documents to be in the form of Minutes Books and was not mere scribblings or casual jottings. The Tribunal order also reveals that page 34 of the paper book filed by the asse .....

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