TMI Blog2011 (11) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... tions filed by the assessee that assessee has partly conceded the case of suppression of income detected - the Tribunal has not considered the appeal or cross-appeal in detail with reference to the findings in the assessment order and in the appellate authority's order and the statements recorded and objections filed by the assessee - Decided in favor of the assessee by way of remand to Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing both sides and on going through the orders of the Tribunal what we notice is that the Tribunal did not bother to read the assessment order or the statement recorded during search which is admissible as evidence under Section 132(4) of the Act. It is seen from the statement recorded from the assessee, though retracted after two years, and even in the objections filed by the assessee that assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the findings in the assessment order and in the appellate authority's order and the statements recorded and objections filed by the assessee, we allow both the appeals by setting aside the common order issued by the Tribunal and restore the appeals back to the Tribunal with direction to them to hear the parties and dispose of the same after hearing both sides and keeping in mind the judgment of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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