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TMI Blog2022 (2) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... HE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA Mr.Subash Agarwal, Adv.Mr. Pranit Bag, Adv. ...for the appellant Mr. P.K. Bhaumick, Adv.Mr. Manabendra Bandopadhyay, Adv. ...for the respondent ORDER Re.: IA No. GA 1 of 2017 (Old No. GA 3504 of 2017) The Court : We have heard Mr. Subash Agarwal, learned counsel assisted by Mr. Pranit Bag, learned counsel appearing for the appellant/assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; Bench, Kolkata in ITA No. 725/Kol/2015 for the assessment year 2009-10. The assessee has raised the following substantial questions for consideration: a) Whether the Learned Tribunal was justified in holding that the first proviso to Section 68 which has been inserted by the Finance Act, 2012 w.e.f.1.4.2013 applies to the Assessment Year:2009-10? b) Whether on the facts and circumstances of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preme Court in the case of Lovely Exports (P) Ltd. Reported in 319 ITR (st.) 5 and other cases? d) Whether on the facts and circumstances of the case, the Learned Tribunal is correct in holding that addition on account of share capital/premium can be made under Section 68 in the first year of incorporation/business? e) Whether on the facts and circumstances of the case, the Learned Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assisted by Mr.Manabendra Bandopadhyay, learned counsel appearing for the respondent/revenue. It is fairly submitted by learned counsel appearing for the appellant/assessee that identical order which was impugned before us in this appeal was subject-matter of challenge before this Court by a similarly placed assessee raising the very same substantial questions of law and the said appeal was dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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