2019 (9) TMI 57

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the appeals against the order passed by the Income Tax Appellate Tribunal, Indore [for short "The Tribunal"] rejecting an application filed under Rule 27 of the Income Tax Appellate Tribunal Rules, 1963 [for brevity "the Rules"], is raised by the respondent. Having heard the learned counsel for the parties, we do not find any substance in the same, in view of the decision of the Supreme Court rendered in the case of Raj Kumar Shivhare vs. Assistant Director, Directorate of Enforcement and another, (2010) 4 SCC 772, wherein the exact terms mentioned in Section 260-A of the Act, namely, "any order passed" were considered and interpreted by the Supreme Court with reference to the provisions of Section 35 of the Foreign Exchange Management Act,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ras 3.1 and 3.2 of its order, dated 30-8-2012, has apparently drawn an adverse inference against the appellant under Section 153-C of the Act, on the basis of certain papers which were seized from some other individuals and not the assessee. 5. The learned senior counsel for the appellant has also taken this Court through the application filed by the assessee under Rule 27 of the Rules, wherein the assessee has clearly stated that he proposes to assail the findings recorded by the CIT(A) on the grounds No.3 and 4, which have been decided against the assesseee. It is submitted that in such circumstances, it is manifestly clear that the appellant has raised specific grounds to assail the findings recorded by the CIT(A) in the application fi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ecting the application. 7. We have heard the learned counsel for the parties at length and perused the order passed by the CIT(A), dated 30-8- 2012; the application filed by the assessee under Rule 27 of the Rules as well as the impugned order passed by the Tribunal rejecting the application. From a perusal of the aforesaid three documents, it is apparent that the appellant had raised clear and specific grounds in the application filed under Rule 27 of the Rules in respect of the finding recorded by the CIT(A) as regards the ground Nos.3 and 4, and the conclusion recorded against the assessee with the aid of Section 153-C of the Act. It is also evident that the assessee had raised an issue regarding consideration of certain documents which....