2012 (1) TMI 233

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....il D.Nair, Adv. For the Respondent: Smt. T.R. Prasannakumari, Sr. DR O R D E R Per Sanjay Arora, AM: These are a set of nine Cross Appeals by the Assessee and the Revenue arising out of the separate Orders by the Commissioner of Income-tax (Appeals)-I, Kochi ('CIT(A)' for short) of even date, i.e., 15-06-2010, deciding the assessee's appeals contesting its assessment u/s.153C r.w.s. 15....

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....nuing further, it was submitted that per its said order, the Tribunal has accepted the Revenue's stand for two assessment years, i.e., A.Y. 2003-04 & 2007-08, i.e., in respect of which the evidence was found in search. For the other years covered by the assessments, only the suppression of income was inferred on the basis of the presumption that the same represented the assessee's modus operandi, ....

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....mission for any of the other years. In fact, the admission is that the suppression commence only with effect from December, 2006. She was specifically queried by the Bench as to if any specific query in relation to the assessee was made by the Revenue in the statements of Accountant and partner under section 132(4) of the Act being relied upon, and to which she answered in the negative. Also, she ....

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....otality of the facts and circumstances of the case. The analysis of the evidence would show a systematic suppression of the income, and which was being regularly monitored by the partners, and withdrawn by them. 4. We have heard the parties, and perused the material on record. Admittedly, no fresh facts or materials, i.e., other than those already considered by the tribunal in the case of Matha....