TMI Blog2008 (8) TMI 961X X X X Extracts X X X X X X X X Extracts X X X X ..... allow the application being GA No.2589 of 2008. GA No.2589 of 2008 is thus disposed of. It appears that in this matter the Tribunal has extensively dealt with the matter. The brief facts of the order so passed by the Tribunal are reproduced hereunder : Brief facts of the case are that a search and seizure operation was conducted at the office premises of M/s. M.K. Shah Exports Ltd. at M. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, Mr. Rupani averred that his earlier statement recorded on 24/25.08.2000 was given by him under duress and coercion. Mr. Rupani further submitted during such cross-examination that during recording of his statement u/s 132[4] at the time of search on 24/25.08.2000, he had produced contract notes, bills etc. in support of the share trading transactions before the search officials but were not co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oned the brokers M/s. Mehta Ajmera and recorded the statement of one of the partners of the stockbroker firm M/s. Mehta and Ajmera. The stockbrokers asserted that these transactions were genuine. The AO during assessment proceedings before him relied solely on the statement of 24/25.08.2000 made by Sri Rupani without taking any cognizance to cross-examination of Sri Rupani carried out by Mr. Muk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the payments made to the stockbroker and all the payments received from stockbroker through account payee instruments, which were also filed in accordance with the assessment. It appears from the facts and materials placed before the Tribunal and after examining the same the Tribunal came to the conclusion and allowed the appeal filed by the assessee. In doing so, the Tribunal held that the tra ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
