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TMI Blog2012 (10) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case are that the assessee an individual derives income from other sources, filed return declaring total income of ₹ 2,71,550/-. Subsequently, the assessment was reopened after recording the reasons that tax receipts of ₹ 1,04,77,032/- from Shri Rajesh Bhavsar as per court settlement has not been offered for taxation. In response to notice issued u/s 148 of the Income Tax Act, 1961 (the Act) it was stated by the assessee that the income already declared in the return of income originally filed may be treated in response to notice issued u/s 148 of the Act. The A.O. after issuing statutory notices u/s 143(2) and 142(1) along with copy of reasons recorded, called for various details which were examined. The A.O. observed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng for comments of the assessee. In the absence of any reply and in order to give effect to the order of the ld. CIT(A) for the A.Y. 2006-07, the A.O. treated the amount of ₹ 1,04,77,032/- as taxable in the A.Y. 2004-05 on substantive basis as a casual receipt under the head income from other sources and accordingly completed the assessment at an income of ₹ 1,07,48,582/- vide assessment order dtd. 1-12-2009 passed u/s 143(3) r.w.s. 147 of the Act. 4. On appeal the ld. CIT(A) following the Tribunal order in assessee s own case in ITA No. 6746/Mum/2007 for A.Y. 2006-07 dtd. 9-3-2011, however, deleted the addition made by the A.O. 5. Being aggrieved by the order of the ld. CIT(A) the Revenue is in appeal before us challeng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... last will of late Mrs. Mani Cawasa Bamji to Mr. Dinshaw Jameshedji Mistry. The assessee promptly filed the caveat opposing the grant of Probate in favour of Mr. Dinshaw Jamshedji Mistry and consequently the proceedings became a testamentary suit. In such proceedings it was the duty of Mr. Dinshaw Jamshedji Mistry to establish that the will of late Mrs. Mani Cawasa Bamji was the last will and that was executed in accordance with law and that the testatatrix executed the will in a sound and disposing state of mind. The assessee also obtained an order of injunction restraining Mr. Dinshaw Jamshedji Mistry from dealing with estate of the deceased in any manner. After the death of Mr. Dinshaw Jamshedji Mistry Mr. R.K.Bavasa became the party to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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