2025 (4) TMI 725

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.... the coordinate bench of this court in Pr. Commissioner of Income Tax (Central)-2 v. Nagar Dairy Pvt. Ltd.: 2025:DHC:1350-DB. 3. The application is accordingly dismissed. ITA 431/2022, CM APPL. 29616/2024 & CM APPL. 4277/2025 4. The Revenue has filed the present appeal under Section 260A of the Income Tax Act, 1961 [the Act] impugning a common order dated 09.08.2019 passed by the learned Income Tax Appellate Tribunal [ITAT] insofar as it relates to ITA No.6016 of 2018 pertaining to Assessment Year [AY] 2007-08. The assessee had preferred the said appeal, inter alia, impugning an order passed by the Commissioner of Income Tax (Appeals) [CIT(A)] upholding the addition of Rs. 3,34,31,000/- under Section 68 of the Act. 5. The Assess....

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....sessment years without examining whether the companies with whom the petitioner has had transactions in the financial year [FY] 2006-07 were genuine. 9. In the aforesaid context, this court had admitted the present appeal and framed the following question of law: "4. We accordingly admit the instant appeal on the following question of law: - A. Whether on the facts and circumstances of the case, the Tribunal has erred in deleting the addition of INR 3,34,31,000/- made by the AO under Section 68 of the Act as unexplained cash credits without appreciating that the capacity or creditworthiness of the investor has not been established?" 10. The learned counsel appearing for the Revenue has handed over a tabular statement....