TMI Blog2017 (5) TMI 311X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 (7) TMI 364 - KERALA HIGH COURT] it is not clear whether a statement so recorded under Section 132(4) at the time of search was available on record and that apart we do not notice anything or any analysis made by the Tribunal or the High Court with regard to the effect or revised returns filed by the vendor. The findings have been recorded written on the basis of the sworn affidavits in the sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eard Mr.Raghenth Basant, learned counsel for the appellant and Mr.K.Radhakrishnan, learned senior counsel for the respondent. The present appeals by special leave call in question the legal propriety of the orders dated 20th March, 2014 and 2nd June, 2015 passed by the Division Bench of the High Court of Kerala at Ernakulam in ITA No.201 of 2011 and R.P.No.650/2014 respectively. It is submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said revised returns the assessee cannot be fastened with the liability. Learned counsel would submit that as assessment had been completed and, therefore, it was necessary to send all the materials to the assessing officer at the appropriate time. Mr.K.Radhakrishnan, learned senior counsel appearing for the revenue has supported the judgment and order passed by the High Court on the basis of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o by the Tribunal as the final fact finding authority in a proper perspective keeping in view the law in the field. In view of the aforesaid conclusion, we allow these appeals; set aside the orders passed by the High Court in ITA No.201/2011 and R.P.No.650/2014 and that of the Tribunal in ITA No.267/Coch/2009 and remand the matter back to the Tribunal. The Tribunal shall address all the issues ..... X X X X Extracts X X X X X X X X Extracts X X X X
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