K.S.JHAVERI,J. - (1.) In all these appeals, common questions of law and facts are involved, hence they are decided by this common judgment.
(2.) By way of these appeals, the appellant has challenged the judgment and order of the Tribunal whereby the tribunal has dismissed the appeal of the department and allowed the appeal of the assessee.
(3.) While admitting the appeals, this court framed the following substantial questions of law:- Income Tax Appeal No. 197/2012 admitted on 12.08.2015. (i) Whether the Tribunal was justified in deleting the addition of Rs. 4,07,00,000/- made by the Assessing Officer and confirmed by the CIT(A), being on money' received with respect to subject land of the assessee from Unique Group, which was evidence by the document seized during search u/s 132 of the Act? (ii) Whether on the premises that Ravindra Singh Thakkar on whose testimony the present assessee was also fasten the tax liability supposed to be afforded opportunity of cross-examination in the facts of the instant case and what would be the effect of the opportunity of cross-examination if been afforded?" Income Tax Appeal No. 199/2012 admitted on 30.08.2016. (i) Whether the Tribunal was justified in deleting the addition of Rs. 7,50,00,000/- made by the Assessing Officer and confirmed by CIT (A), on substantive basis, being on money received with respect to land of the assessee from Unique Dream Builders Pvt. Ltd. (UBD), which was evidenced by document seized during search u/s 132 of the Act. Income Tax Appeal No. 198/2012 admitted on 30.08.2016 "(i) Whether the Tribunal was justified in deleting the addition of Rs. 7,50,00,000/- made by the Assessing Officer and confirmed by CIT(A), on substantive basis, being 'on money' received with respect to land of the assessee from Unique Dream Builders Pvt. Ltd. (UDB), which was evidenced by document seized during search u/s 132 of the Act?";