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TMI Blog2012 (10) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... 07 and 46/Hyd/2009:- 2. Grounds raised in these two appeals are identical and hence clubbed together. For the sake of brevity, the facts as mentioned in IT (SS)A 20/Hyd/2007 are dealt with hereunder. A search and seizure operation u/s 132 of the Act was conducted in the house of Shri Abmati Satyanarayana on 12-6-2000 who was a retired employee of the DRDL, Hyderabad and was engaged in real estate business. As a result of search, it was found that land admeasuring 10160 sq. Yards situated at survey No.102/1 and 102/2 Nampally, Hyderabad was under the possession of three groups of people as described below:- i) Smt. N. Andalamma and relatives having 31.5% share in this property being 3202 sq. Yards. ii) Sri A. Anjaiah/Sri A. Kesavulu/ Sri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rao and his companies in purchase of 10160 sq. Yards of land located at Nampally, Hyderabad from the three groups of persons mentioned hereinabove sometime in the year 1995-96. Subsequently, on the basis of departmental information, search and seizure operations u/s 132 of the Act were conducted in the office of Ambati Satyanarayana in June, 2000. On the basis of incriminating material seized in course of search operation, it was found that various payments were made to the owners of the land. The seized material found as a result of search in the residence of Sri Ambati Satyanaraya and his relative Subba Rao revealed various payments to the owners of the land. These seized materials were utilised in initiating block assessment proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he actual sale consideration of Rs. 84 lakhs in case of the assessee is justified. 5. The ld. AR at the outset submitted before us that the assessment in case Smt. Andalamma on the basis of which the CIT (A) has come to a finding that the assessee has received Rs.84 lakhs towards sale consideration has been set aside by the ITAT, Hyderabad Bench to the file of AO for re-examining the issue. The ld. AR therefore submitted that since the assessments in the case of Smt. Andalamma has been set aside, the assessment in case of assessee also needs o be set aside to the file of the AO for re-examination. 6. The learned DR also is of the view that the assessment needs to be set aside to the file of the AO for re-examination. 7. We have he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and others before the Chief Judge, Civil Court in SR No.17560/2000 in OP No.518 of 1997 and the Commissioner of Income-tax based his conclusion on the averments made in this petition, without appreciating that the same have not attained finality, having been not accepted by the judicial authority before which the same have been made. This action of the CIT (A) in this behalf, in our opinion, is bad in law. Further, the AO has not occasion to go through these averments, and offer his comments thereon. In the circumstances, we are of the view that it would be in the interests of justice to set aside the order of the CIT (A) and restore the entire issue to the file of the AO, to re-examine the same and redecide the issue in accordance with law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt u/s 143(3) read with section 158BD on 31-1-2006 determining the undisclosed income at Rs.82,90,015/-. The CIT invoking his jurisdiction u/s 263 of the Act called for the assessment records for the block period from 31-3-1996 to 31-3-2003 and after examining it found that the assessment order is erroneous and prejudicial to the interests of revenue and issued a notice to the assessee to show cause as to why the assessment should not be revised or set aside. As per show cause notice which was served on Sri Arvind son of Sri A. Ramulu the date of hearing was 20-8-2008. Since 20-3-2008 was declared holiday,t he case was again posted for hearing on 27-3-2008. On the date of hearing, Sri Arvind filed a letter being supported by a medical certi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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