9911796707
TMI Blog2014 (8) TMI 1201X X X X Extracts X X X X X X X X Extracts X X X X ..... , the said materials did not reflect the name of the assessee. Most of the cheques were stale and some other cheques were blank and some other cheques were in the name of the third parties. In the facts of these cases, we are of the view that the finding recorded by the Tribunal on this aspect cannot be found fault with and therefore, we are not going into the legal issue regarding the scope of presumption, which arises under Section 147 read with Section 143(3) and infact in other three appeals also, similar finding was recorded by the Tribunal. Undisclosed income - recipient of the income during the course of the search of the premises admitted the receipt of the said payment - Tribunal has not properly appreciated the case of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2008, 764/2008, 765/2008, 766/2008, 769/2008 - - - Dated:- 2-8-2014 - Mr. N.Kumar And Mr. B.Manohar, JJ. Sri.K.V.Aravind, Adv.For The Appellant. Sri.S.Sarangan, Sr.Counsel for Sri.P.Dinesh, Adv. For The Respondent. JUDGMENT N.Kumar, All these appeals are preferred by the Revenue. They are taken up together for consideration as a common question of law is involved in all these appeals and the assessee is the same. 2. In so far as ITA No.760/2008, 762/2008, 763/2008, 764/2008, 765/2008 are concerned, the Revenue is in appeal, challenging the observation made by the Tribunal that in the facts of this case, the Revenue was not justified in drawing the presumption under Section 132(4)(A) on the ground the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /-. 5. In so far as claim for ₹ 2,05,00,000/- is concerned, the Tribunal has not properly appreciated the case of the assessee and taking into consideration, a sum of ₹ 79,55,280/- reflected in the statement of affairs filed on 31.03.1999 has granted the relief. The said statement was not put forth as a defence before the Assessing Authority or before the First Appellate Authority though an assessment order disclosing the said amount was placed before both the Authorities. Under these circumstances, it is not possible to affirm the said finding recorded by the Tribunal. The Tribunal shall re-hear the matter, take note of the materials on record and decide the said question afresh. 6. In so far as the claim for ₹ 33,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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