IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5686-5687 OF 2017 (@ SLP (C) No.34550-34551 of 2015) P.M. ABOOBACKER APPELLANT(S) VERSUS COMMISSIONER OF INCOME TAX, THRISSUR RESPONDENT(S) ORDER Leave granted. Heard Mr.Raghenth Basant, learned counsel for appellant and Mr.K.Radhakrishnan, learned senior counsel for respondent. present appeals by special leave call in question legal propriety of orders dated 20 th March, 2014 and 2nd June, 2015 passed by Division Bench of High Court of Kerala at Ernakulam in ITA No.201 of 2011 and R.P.No.650/2014 respectively. It is submitted by Mr.Raghenth Basant, learned counsel appearing for assessee-appellant that when Signature Not Verified Commissioner of Income-Tax (A) and Income Tax Digitally signed by ASHOK RAJ SINGH Date: 2017.05.04 21:02:19 IST Reason: Appellate Tribunal after analysing facts had returned findings in favour of assessee, there was no justification on part of High Court to overturn 2 same on sole ground of perversity which is founded on basis of new documents filed by revenue. It is urged by him that no statement of vendor of assessee was recorded at time of raid as required under Section 132(4) of Income Tax Act, 1961. Additionally, it is urged by him that vendor filed revised returns after raid stating, inter alia, that he had received more money from purchaser for land in municipal area in question and on basis of said revised returns assessee cannot be fastened with liability. Learned counsel would submit that as assessment had been completed and, therefore, it was necessary to send all materials to assessing officer at appropriate time. Mr.K.Radhakrishnan, learned senior counsel appearing for revenue has supported judgment and order passed by High Court on basis of analysis made by it in para 12 of impugned judgment. That apart, it is submitted by him that statement under Section 132(4) was adverted to by High Court and Tribunal. On perusal of order passed by Tribunal and that of High Court it is not clear whether statement so recorded under Section 132(4) at time of search was available on record and that apart we do not notice anything or any analysis made by Tribunal or 3 High Court with regard to effect or revised returns filed by vendor. findings have been recorded written on basis of sworn affidavits in statement. We are not satisfied with analysis made by Tribunal or that by High Court. In our considered opinion this material on record should have been adverted to by Tribunal as final fact finding authority in proper perspective keeping in view law in field. In view of aforesaid conclusion, we allow these appeals; set aside orders passed by High Court in ITA No.201/2011 and R.P.No.650/2014 and that of Tribunal in ITA No.267/Coch/2009 and remand matter back to Tribunal. Tribunal shall address all issues that have been raised at Bar and dispose of appeals within six months. Needless to say we have not expressed any opinion on merits of any of issues. There shall be no order as to costs. .........................J. (DIPAK MISRA) .........................J. (A.M. KHANWILKAR) .........................J. (MOHAN M.SHANTANAGOUDAR) NEW DELHI; 26th APRIL, 2017. 4 ITEM NO.8 COURT NO.2 SECTION IIIA S U P R E M E C O U R T O F I N D I RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).34550-34551/2015 (Arising out of impugned final judgment and order dated 20/03/2014 in ITA No. 201/2011 02/06/2015 in ITA No.201/2011 02/06/2015 in RP No. 650/2014 passed by High Court of Kerala at Ernakulam) P.M. ABOOBACKER Petitioner(s) VERSUS COMMISSIONER OF INCOME TAX, THRISSUR Respondent(s) (with interim relief and office report) Date : 26/04/2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr.Raghenth Basant, Sr.Adv. Ms.Aanchal Tikmani, Adv. Mr.Mischal Johari, Adv. Ms.Liz Mathew, Adv. For Respondent(s) Mr.K.Radhakrishnan, Sr.Adv. Mr.A.K. Srivastava, Adv. Mrs.Anil Katiyar, Adv. Mr.Abhinav Mukherjee, Adv. UPON hearing counsel Court made following O R D E R Leave granted. civil appeals are allowed in terms of signed order. (Ashok Raj Singh) (H.S.Parasher) Court Master Court Master (Signed Order is placed in file) P.M. Aboobacker v. Commissioner of Income-tax, Thrissur