2014 (8) TMI 1201

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....br>Mr. N.Kumar And Mr. B.Manohar, JJ. Sri.K.V.Aravind, Adv.For The Appellant. Sri.S.Sarangan, Sr.Counsel for Sri.P.Dinesh, Adv. For The Respondent. JUDGMENT N.Kumar, All these appeals are preferred by the Revenue. They are taken up together for consideration as a common question of law is involved in all these appeals and the assessee is the same. 2. In so far as ITA No.760/2008,....

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.... and some other cheques were in the name of the third parties. 3. In the facts of these cases, we are of the view that the finding recorded by the Tribunal on this aspect cannot be found fault with and therefore, we are not going into the legal issue regarding the scope of presumption, which arrises under Section 147 read with Section 143(3) and infact in other three appeals also, similar findi....

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....9 has granted the relief. The said statement was not put forth as a defence before the Assessing Authority or before the First Appellate Authority though an assessment order disclosing the said amount was placed before both the Authorities. Under these circumstances, it is not possible to affirm the said finding recorded by the Tribunal. The Tribunal shall re-hear the matter, take note of the mate....

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....ash found at the time of search, Rs. 20,03,680/-, the third claim is concerned, the First Appellate Authority has affirmed the finding recorded by the Tribunal. The assessee was in appeal. The Tribunal has not recorded any finding on this aspect of the matter. Again, in the operative portion of the order, states that the appeal is allowed, it cannot be construed as setting aside the order of the A....