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2021 (11) TMI 564 - AT - Income TaxAddition u/s 68 - discharge of onus - CIT-A deleted the addition - investor companies which information was already available in the record - HELD THAT:- As find from a perusal of the assessing authority's remand report's conclusion that he had held the assessee to have discharged its onus of proving identity, genuineness and creditworthiness of the share application/premium amount of ₹ 49.18 Crs which ultimately led to the CIT(A) passing the impugned order granting relief. We deem it appropriate at this stage to quote the case law Smt. B. Jayalakshmi [2018 (8) TMI 208 - MADRAS HIGH COURT] and CIT vs. D.M. Purnesh [2020 (9) TMI 731 - KARNATAKA HIGH COURT] that the Revenue cannot be held as an aggrieved party once the Assessing Officer files a favourable remand report in appropriate proceedings. We therefore decline the Revenue's foregoing solely substantive ground raised in the instant appeal in very terms. - Decided against revenue.
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