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TMI Blog2017 (3) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... ENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] As common question of law and facts arise in both these Tax Appeals and as such are with respect to the same assessee but different Assessment Years and as such arising out of the impugned common judgment and order passed by the learned Income Tax Appellate Tribunal, both these Tax Appeals are decided and disposed of together by this common jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the assessee's case?" [3.0] The search and seizure action was carried out under Section 132 of the Income Tax Act (hereinafter referred to as "the Act") in the premises of one Vikas R. Patel on 04/03/2010. Certain incriminating documents were seized at the premises of the concerned respondent - assessee during the course of search. Thereafter notice was issued under Section 153C of the Act for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dissatisfied with the impugned common judgment and order passed by the learned tribunal, revenue has preferred the present Tax Appeals with the aforesaid proposed question of law. [4.0] We have heard Shri Nitin Mehta, learned Counsel appearing on behalf of the revenue and Shri S.N. Divetia, learned advocate appearing on behalf of the assessee at length. It is not disputed that the search was carr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the present Appeals are squarely covered by the decision of the Hon'ble Supreme Court in the case of Manish Maheswari Vs. Asst. Commissioner of Income Tax & Another reported in [2007] 289 ITR 341 (SC); in the case of Khandubhai Vasanji Desai & Others Vs. Deputy Commissioner of Income Tax & Another reported in 236 ITR 73 (Gujarat) and in the case of Commissioner of Income Tax Vs. Champakbhai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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