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2015 (11) TMI 1073 - PUNJAB AND HARYANA HIGH COURT

2015 (11) TMI 1073 - PUNJAB AND HARYANA HIGH COURT - TMI - Territorial jurisdiction to decide the appeal - Assessing Officer passed the assessment order based at Alwar and the first appeal was adjudicated by the CIT(A), Central Jaipur - Held that:- The matter is no longer res integra. This Court in Commissioner of Income Tax (Central) Gurgaon v. M/s Parabolic Drugs Ltd. [2013 (1) TMI 565 - PUNJAB AND HARYANA HIGH COURT] following its earlier Division Bench judgment in The Commissioner of Income .....

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he Appellant : Mr. Rajesh Sethi, Advocate AJAY KUMAR MITTAL, J. 1. This appeal has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (in short the Act ) against the order dated 19.12.2014 (Annexure-3) passed by the Income Tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as the Tribunal ) in C.O. No. 68/JP/2012, claiming the following substantial questions of law:- (i) Whether, in the facts and in the circumstances of the case, the Ld. ITAT was righ .....

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e is against the well defined procedure engrafted in Rule 46A of the Income Tax Rules, 1962? (iv) Whether, in the facts and circumstances of the case, Hon'ble ITAT was legally justified in deleting the addition of ₹ 1,05,00,000/- and ₹ 14,01,765/- made u/s 68 of IT Act, 1961 by holding that the assessee has discharged the onus cast upon it u/s 68 of the Act while ignoring the facts that the initial evidences furnished by the assessee were duly rebutted by the Assessing Officer af .....

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was legally justified in allowing relief to the assessee and deleting addition of ₹ 10,00,000/- on the basis of cross objection filed by the assessee whereas the said issue was not a part of revenue's appeal and as such, no cross objection could have been filed by the assessee and the issue could have been legally decided only on appeal filed by the assessee before the Tribunal against this addition? (vii) Whether the findings have been recorded by ITAT on misreading and misinterpretat .....

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herein). A notice dated 22.1.2010 under Section 153A of the Act was issued to the assessee who filed its return on 30.3.2010 for the assessment year 2003-04 declaring the total income at ₹ 1,22,320/-. Thereafter, notice dated 7.5.2010 under Sections 142(1) and 143(2) of the Act along with a questionnaire were issued to the assessee who filed reply to the same. The assessment order dated 15.12.2010 (Annexure- 1) under Section 143(3) of the Act was passed by the Assistant Commissioner of In .....

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,765/- on account of unexplained cash credit. Against the said order, Annexure-2, the revenue filed an appeal whereas the assessee filed cross-objections before the Tribunal. The Tribunal vide order dated 19.12.2014 (Annexure-3) dismissed the appeal of the revenue and allowed the cross objections filed by the assessee. The Tribunal deleted the whole of the amount on account of unexplained share capital and ₹ 14,01,765/- on account of unexplained cash credit. Hence, the present appeal by th .....

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