9911796707
TMI Blog2007 (1) TMI 587X X X X Extracts X X X X X X X X Extracts X X X X ..... serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-fareast-language:EN-US;} M.M. KUMAR AND VINOD K. SHARMA, JJ. Sanjeev Bansal for the Appellant Akshay Bhan for the Respondent JUDGMENT M.M. Kumar, J. - The revenue has approached this Court by filing instant appeal under section 260A of the Income-tax Act, 1961 ('the Act'), challenging the view taken by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, in its order dated 16-12-2005, passed in I.T.A. No. 291(Asr.)/2003, in respect of assessment year 1994-95. It has been claimed that the following substantial questions of law would arise for our determination:- "1. Whether, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide order dated 16-12-2005, passed in I.T.A. No. 291(Asr.)/2003, upheld the order of the CIT(A) and dismissed the appeal on the ground that the seized documents on the basis of which the Assessing Officer had determined the value of capital gain was never confronted to the assessee (P-3). It is appropriate to mention that the assessee has been a partner of M/s. Chopra Cloth House, Kapurthala. He acquired 92 marlas of land by virtue of a Will executed in his favour by Smt. Balbir Kaur daughter and one of the legal heirs of Brig. Jai Singh, on 24-2-1993. Smt. Balbir Kaur had 1/54th share out of land measuring 249 kanals 10 marlas. The assessee executed a registered Power of Attorney on 28-10-1993 in favour of Sarvshri Joginder Singh and Har ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in view of the provisions of section 49(1)(ii)/55(2)( b)(ii) of the Act. The land was found to be banjar kadim. 3. We have heard the learned counsel for the parties and do not find any legal infirmity in the view taken by the Tribunal. There are categorical findings that the Assessing Officer did not recover any document from the possession of the assessee nor the assessee was ever confronted with the seized material. The explanation of the assessee was called, which he replied and there was no mention of any seized material referred to by the Assessing Officer despite the fact that the seized material was transferred to the Assessing Officer by the Deputy Commissioner, Income-tax, Range-II, Jalandhar. It is in these circumstances that w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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