TMI Blog2022 (6) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... stions as proposed by the Tribunal to be termed as substantial questions of law. - R/TAX APPEAL NO. 174 OF 2022 & 176 OF 2022 - - - Dated:- 14-3-2022 - HONOURABLE MR. JUSTICE J.B.PARDIWALA AND HONOURABLE MS. JUSTICE NISHA M. THAKORE M R BHATT CO. FOR THE APPELLANT ORDER PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA 1. These Tax Appeals under Section 260(A) of the Income Tax Act, 1961 (for short the Act ) are at the instance of the Revenue and the Tax Appeal No.174 of 2022 is directed against the order passed by the Income Tax Appellate Tribunal, A Bench, Ahmedabad dated 29.09.2021 in the IT (SS) A No.121/Ahd/2018 for the A.Y. 2011-12. By way of Tax Appeal No. 176 of 2022, the Revenue has challenged the order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovided the details regarding rate of commission, calculation and details of survey number etc. of the lands in respect of which the unaccounted commission was earned at the time of giving his first statement on oath during search proceedings? [D] Whether on the facts and circumstances of the case and in law, the Appellate Tribunal failed to appreciate the fact that in the statement recorded during the search proceedings, the admission of receipt of unaccounted brokerage of Rs.68,00,000/- by the assessee was based on the diary impounded during the search proceedings and corroborated by the documentary evidences but the assessee never provided the details of the partners and merely filed the retraction affidavit without any supporting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recording of statement as well as the evidences like Diary having credit and debit entries regarding land transaction which were basis of admission by the assessee? [C] Whether the Appellate Tribunal has failed to appreciate the fact that the assessee remained non compliant during the post search proceedings and filed retraction affidavit almost after 6 months which cannot be accepted as the assessee voluntarily admitted the receipt of Rs.3 crores as commission in the statement recorded u/s.131 of the Act on 13.06.2013? 3. We have heard Mr. M.R. Bhatt, the learned senior counsel appearing for the Revenue. Essentially, there are two issues before us; one with respect to the CIT(A) deleting the addition of unaccounted brokerage o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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