2010 (1) TMI 711

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....following questions of law have been framed in the appeal by the Revenue against the judgment of the Income Tax Appellate Tribunal dated 3rd October, 2008:-   (A) "Whether on the facts and circumstances of the case, the Hon'ble ITAT was right in holding that evidence found as a result of search in a connected case cannot be considered while computing the undisclosed income u/s 158 BB; &nbs....

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....the business of trading in jewellery and a search was conducted of the business and residential premises on 24th October, 2002. In response to a notice under Section 158 BC the assessee filed a return declaring his undisclosed income to be nil. In the course of the assessment proceeding the assessing officer found that certain documents had been recovered during the course of a search carried out ....

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.... any relation with the aforesaid person.   3. The Tribunal has entered a finding of fact in paragraph 12 of its judgment that the material which was seized from the premises of Mr. Prakash Salunkhe consisting of the ledger accounts in the books of Ranka Jewellers did not establish any nexus with the assessee. The documents which were seized only referred to a person by the name of Kirti. T....