2007 (1) TMI 587

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....ine-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-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 bee....

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....ieved by the order of the CIT(A), the revenue filed an appeal before the Tribunal, who 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 r....