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2012 Supreme(Online)(Ker) 38196

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. N. Ramachandran Nair, J, K. Vinod Chandran, JJ
Revenue – Appellant
Versus
Assessee – Respondent


Table of Content
1. revenue's appeal concerns deleted additions. (Para 1 , 2 , 3)
2. legal questions regarding evidentiary value raised. (Para 4 , 5)
3. evidentiary value of admissions established. (Para 6 , 7 , 8)
4. rejections of the tribunal's rationale outlined. (Para 11)
5. judgment affirming the revenue's position on assessments. (Para 12 , 13 , 15 , 16)

1. The above appeal is filed by the revenue against the order of the Tribunal in the appeal of the assessee deleting certain additions made by the assessing officer confirmed by the first appellate authority. The assessee, who was adjudged as a 'resident not ordinarily resident' by the first appellate authority and confirmed by the Tribunal, was before the Tribunal challenging certain additions made by the assessing officer for the block period 1988-89 to 1998-99.

2. Pursuant to a search conducted at the residential premises of the assessee on 22/10/1998 based on seized records as also the statement recorded under S.132(4) of the Income Tax Act , the assessing officer proceeded to assess the assessee, for the block period 1988-89 to 1998-99. On the basis of seized documents, recovered during search, relating to purchase of land as

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