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2022 (4) TMI 911

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....tacharjee, Adv., Mr. S.N. Surana, Adv. ORDER IA NO: GA/1/2021 The Court : We have heard Mr. Soumen Bhattacharjee, learned Standing Counsel appearing for the appellant/revenue. Notice on the respondent has been served by the learned Standing Counsel though the Ministry of Law & Justice failed to serve notice in spite of our direction on the earlier occasion. None appears for the respondent/asse....

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....l/2016 for the assessment year 2009-10. The revenue has raised the following substantial questions of law for consideration : i) Whether in the facts and circumstances and in law involved in this case the ITAT erred in deleting the addition of Rs. 17,63,00,000/- under Section 68 of the Income Tax Act, 1961 on account of unexplained sum credited in the book as Share Capital and Premium ? ii) Wh....

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....er the Tribunal was right in affirming the order passed by the Commissioner of Income Tax (Appeals) - 4, Kolkata [CIT(A)], dated 3rd June, 2016 by noting the facts and circumstances of the case that the remand report was called for from the Assessing Officer, who has certified the genuineness of the transaction and the creditworthiness and the identity of the share applicants. The Tribunal after n....