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2017 Supreme(Raj) 2794

K.S.JHAVERI, VIJAY KUMAR VYAS
Commissioner Of Income Tax – Appellant
Versus
Prabhati Lal Saini – Respondent


Advocates Appeared:
Mr. Anil Mehta with Mr. Sameer Sharma, Mr. Gaurav Gaur, Mr. Anuroop Singhi with Mr. Aditiya Vijay, Advocates, for the Appellant; Mr. R.P. Garg, Mr. Gunjan Pathak with Mr. Aditiya Bohra and Ms. Ishita Rawat, Advocates, for the Respondent

JUDGMENT

K.S. Jhaveri, J. - In all these appeals since identical questions of law and facts are involved, they are decided by this common judgment. For the convenience of the court, we have taken facts from Income Tax Appeal No. 140/2014.

2. By way of these appeals, the appellant has challenged the judgment and order of the Tribunal whereby the Tribunal has allowed the appeal of the assessee.

3. This court while admitting the appeals framed the following question of law:-

    1. D.B. Income Tax Appeal No. 140/2014

    Whether ITAT is perverse in deleting the addition of Rs. 67,49,680/- on account of Capital gains, ignoring the incriminating documents seized from the residence of the assessee and other persons, admission of key persons of the Group under section 132(4) and the valuation report of the DVO proving that on-money was received on sale of land by the assessee.

    2. D.B. Income Tax Appeal No. 141/2014

      "Whether the order of Tribunal is perverse in deleting the addition of Rs. 69,12,400/- on account of capital gains on sale of land, ignoring the incriminating documents seized, admission of the key persons of the Group under section 132 (4), and the valuation report of the DVO, which pr

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