1996 (7) TMI 58

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.... regard to the allegation that the assessee received and one Shri Sundaresa Pai paid an amount of Rs. 10 lakhs in addition to Rs. 2 lakhs as security deposit, the Income-tax Officer acted on the basis of the sworn affidavit of Shri Sundaresa Pai with regard to the payment made by him and acceptance thereof by the assessee in question in the matter of a lease dated February 10, 1989, of the premise....

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.... the Tribunal requires reference because with regard to both the aspects, the situation on the facts and circumstances of the case raise questions of law. Accordingly, the Income-tax Appellate Tribunal, Cochin Bench, is directed to prepare the statement of case and refer the following three questions to this court and remit the matter to this court within a period of three months from today : ....

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....he sworn statement by Shri Sundaresa Pai,-- (i) the Tribunal is right in interfering with the inclusion of the impugned amount in the hands of the assessee on the ground that Shri Sundaresa Pai was not put to cross examination by the assessee ? (ii) should not the Tribunal have/is not the Tribunal legally and by all canons of law bound to remit the case to the assessing authority and to comp....