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2021 (5) TMI 244 - AT - Income TaxAddition u/s 68 - addition made under section 68 on account of share capital contribution by treating the same as unexplained cash credits - HELD THAT:- The Kolkata Bench of the ITAT Shram Tie Up Pvt. Ltd. [2018 (3) TMI 1403 - ITAT KOLKATA] has passed similar orders in many cases on the same issue of additions made u/s. 68 of share capital and has set aside the assessment to the file of the AO for fresh adjudication with a direction that Assessing Officer may examine the evidence already on record as well as other documentary evidences which the assessee may file before him and adjudicate the issue in accordance with law. The assessee is directed to cooperate and produce all the persons who may be summoned by the Assessing Officer for examination as and when called for by the Assessing Officer. Keeping in view the totality of the facts and circumstances of the case, the submissions of both sides and also the orders of the Co-ordinate Bench of the Tribunal in similar matters, we set aside this issue to the file of the AO for fresh adjudication in accordance with law - Appeal of the assessee is allowed for statistical purposes.
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