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2022 (2) TMI 290 - HC - Income TaxUnexplained cash credit under Section 68 - ITAT deleted the addition - HELD THAT:- Discussion made by the Tribunal in the impugned order sustained the order passed by the Commissioner of Income Tax (Appeal) by which a limited relief was granted to the assessee, after noting the factual position, more particularly, the remand report submitted by the assessing officer wherein the assessing officer has accepted the factual position. Therefore, we find there is no question of law, much less substantial question of law, arising out for consideration as suggested in question no. 1. Whether Tribunal has erred in law in interpreting section 68 by holding that credited to the account of M/s V.K. Minerals on 31.03.2007 did not represent cash credit as the said amount was credited on account of transfer entry, but, failed to appreciate that M/s V.K. Minerals is a non existing entity? - HELD THAT:- Tribunal has remanded the matter to the assessing officer to decide the same afresh. In fact, the assessee also agreed that the matter may be restored to the file of the assessing officer to decide the issue afresh. Thus, we find the second question also does not arise for consideration. Hence, the appeal fails and is dismissed with the observation that no substantial question of law arises for consideration.
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