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2010 (8) TMI 442

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..... 6,87,77,922/- which was revealed from the CDs seized in the course of search held on 12.08.2004, certainly the order of the Assessing Authority was erroneous and consequently there was serious prejudice caused to the interest of the revenue. - 824 of 2010 - - - Dated:- 31-8-2010 - MR.JUSTICE F.M.IBRAHIM KALIFULLA, MR.JUSTICE M.M.SUNDRESH, JJ. For appellant : Dr.Anitha Sumanth For re .....

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..... t there was a search under Section 132 of the Income Tax Act conducted at the SRM Group and Educational Institutions as well as its Chairman Shri.T.R.Pachamuthu on 12.08.2004 including his residence at Valasaravakkam. During the course of search, documents relating to the assessee were seized which inter-alia revealed the transactions of M/s Valliammai Society with the appellant/assessee, which we .....

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..... Income Tax (Appeals) passed final orders on 27.03.2008 holding that the Assessing Authority completed the Search Assessment Order under Section 153 C read with Section 153 A dated 29.12.2006, without considering and verifying the contents of the 9 CDs, which was erroneous and prejudicial to the interests of the revenue and consequently directed the Assessing Officer to examine the said issues and .....

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..... the Commissioner of Income Tax (Appeals) that the Assessing Officer should examine the issue contained in the concerned CDs after giving an opportunity to the appellant cannot be found fault with. 4. Having considered the orders of the Commissioner of Income Tax (Appeals) and that of the Tribunal, we are not inclined to take a different view. As rightly held by the Commissioner of Income Tax .....

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..... scope to entertain this appeal by interfering with the orders of the lower authorities. Therefore, there is no question of law to be examined much less substantial question of law in this appeal. The appeal fails and the same is dismissed. We make it clear that we have not gone into the merits of the issue and it is for the Assessing Authority to consider the issues on its own merits and in accord .....

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