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2022 (4) TMI 911 - HC - Income TaxAddition u/s 68 - unexplained sum credited in the book as Share Capital and Premium - ITAT deleting the addition made by the AO by order u/s 144/263 based on remand report - whether the Tribunal was right in affirming the order passed by the Commissioner of Income Tax (Appeals) - 4, Kolkata 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 - HELD THAT:- Tribunal after noting the findings recorded by the CIT(A) held that the revenue has no locus standi to file the appeal against its own findings in the remand report. In this regard, the Tribunal placed reliance on the decision of the High Court of Madras in the case of Smt. B. Jayalakshmi v. Assistant Commissioner of Income-tax, Salary Circle-II, Chennai[2018 (8) TMI 208 - MADRAS HIGH COURT]. The Tribunal also referred to the decision of a coordinate Bench of the Tribunal in the case of D.C.I.T, Central Circle-1(4), Kolkata vs. M/s. Shraddha Tower Pvt. Ltd[2018 (10) TMI 1405 - ITAT KOLKATA] and dismissed the appeal filed by the revenue. We find that the Tribunal has rightly taken note of the legal position and dismissed the appeal filed by the revenue and we find no grounds to interfere with the said order. Accordingly, the appeal is dismissed and substantial questions of law are answered against the revenue.
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