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trusteeship and simultaneously, new trustees nominated by the
Believers Church were inducted. The agreement between the parties
also provided for payment of Rs.37.5 crores to the erstwhile trustees
for settling their liabilities as well as completing certain construction
activities that had been commenced by them prior to the agreement.
The agreement also provided for sale of 55.15 acres of land belonging
to some of the erstwhile trustees for a consideration of Rs.12.50
crores.
3. A search under Section 132 of the Income Tax Act
[hereinafter referred to as the "I.T. Act"] was conducted at the
residence of the Sri.Jose Thomas, Smt.Gracy Babu and Sri.P.J.Paulose
on 04.03.2009 and certain documents were seized. An unsigned draft
agreement dated 23.02.2009 was found which indicated that the
amount envisaged for settlement of liability was Rs.43.50 crores and
that the value of the rubber estate extending to 55.15 acres of land
was Rs.6.50 crores. Certain other documents relating to fee
collection from students in excess of what was fixed by the
Government, and investment details of trustees etc. were also seized,
but those particulars are not of any concern to us in these appeals.