TMI Blog2012 (5) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... 2383/Mds/2004, 305/Mds/2005, 162/Mds/2000, 1354/Mds/2000, 1355/Mds/2000, 1356/Mds/2000, 86/Mds/2000, 213/Mds/2002, 296/Mds/2005, 297/Mds/2005, 2307/Mds/2005, 171/Mds/2000, 1348/Mds/2000, 303/Mds/2002, 87/Mds/2000, 1367/Mds/2000, 1368/Mds/2000, 1369/Mds/2000, 215/Mds/2002, 172/Mds/2000, 1351/Mds/2000, 1352/Mds/2000, 1353/Mds/2000. 302/Mds/2002, 88/Mds/2000, 1372/Mds/2000, 216/Mds/2002, 2375/Mds/2004, 2376/Mds/2004, 298/Mds/2005, 299/Mds/2005 And Ors. The Deputy Commissioner of Income tax, P.Kanagavalli, G.Malliga Krishnan, A.G.Chittibabu, P.Vanavaramban, N.Krishnamoorthy, K.P.Durai, K.P.Balakrishnan, G.Poongundran, K.Sudarkodi, Versus The Deputy Commissioner of Income-tax, G.Malliga Krishnan, The Deputy Commissioner of Income-tax, A.G.C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs 77,69,000/- as undisclosed income. As against this, the Assessing Officer determined a total undisclosed income of ₹ 5,40,07,340/-. This amount of undisclosed income determined by the assessing authority consisted of three segments. The first segment amounted to ₹ 43,50,184/-, being the undisclosed income attributable directly in the hands of Shri Ku.Pa.Krishnan. The said income was computed on the basis of materials collected in the course of search. The second segment consisted of an undisclosed income of ₹ 7,01,961/-. This income was computed on the basis of materials seized in the course of search, but related to another person Shri K.Ramakrishnan. The third segment consisted of different additions made on the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e made in the hands of Shri Ku.Pa.Krishnan in substantive block assessment, the Assessing Officer has also made protective assessments in the hands of the relatives and associates of Shri Ku.Pa.Krishnan, whose bank deposits and properties were treated by the Assessing Officer as undisclosed income of Shri Ku.Pa.Krishnan. It is those relatives and associates who are the different assessees involved in this group of appeals placed before us. In the substantive block assessment made in the hands of Shri Ku.Pa.Krishnan, the Assessing Officer has made a number of additions, even though the investments leading to those additions have been found in the names of other persons. It is, as a consequence of the substantive block assessment made in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. For the said reason also, we are inclined to hold that the Tribunal ought not to have gone into the additional evidence and rather should have remitted the matter to the assessing officer. 18. For all these reasons, we are constrained to set aside the order of the Tribunal and remit the matter to the assessing officer, who shall now consider the documents filed as additional evidence by the assessee and pass fresh orders. Accordingly, the order of the Tribunal is set aside, the tax case appeals are allowed and the substantial questions of law are answered accordingly. Connected M.P. is closed. 6. As such, as of now, the substantive block assessment completed in the hands of Shri Ku.Pa.Krishnan stands set aside and the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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