TMI Blog2022 (2) TMI 1097X X X X Extracts X X X X X X X X Extracts X X X X ..... and other records. However, there was no finding that any entry therein was false or fabricated - CIT(A) had set aside the findings of the assessing officer which had disbelieved the fire accident which took place in the office premises of the assessee at Strand Bank Road, Kolkata. Noting the facts, the Tribunal found that the assessee was able to substantiate with official records to show that there was a fire accident in the said premises which had destroyed the records. DR who appeared before the Tribunal could not controvert the said fact. Apart from that the other factual findings rendered by the CIT(A) were also considered and approved by the Tribunal. Thus we find there is no question of law much less substantial question of law ari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion of law arising for consideration - ITAT/166/2018 IA NO. GA/2/2018 (OLD NO. GA/1207/2018) - - - Dated:- 21-2-2022 - THE HON BLE JUSTICE T.S. SIVAGNANAM AND THE HON BLE JUSTICE HIRANMAY BHATTACHARYYA For the Appellant : Mr. Smarajit Roychowdhury, Adv. Mr. Arunava Ganguly, Adv. For the Respondent : Mr. J.P. Khaitan, Sr. Adv. Mr. Pratyush Jhunjhunwala, Adv. Mr. Siddharth Das, Adv. ORDER T.S. SIVAGNANAM, J. This appeal by the revenue under Section 260A of the Income Tax Act, 1961 (the Act for brevity) is directed against the composite order dated 29.06.2016 passed by the Income Tax Appellate Tribunal B Bench Kolkata (Tribunal) in ITA No. 1179/Kol/2012, ITA No. 1225 1226/Kol/2012, ITA No. 1426 1427/Kol/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atement is proved to be made under duress or coercion? 4. Whether on the fact and the circumstances of the case the Learned Tribunal erred in law in deleting the addition of ₹ 68,50,000/- on account of unsecured loans on the basis of the retraction made by the authorised representative of the assessee at a much later stage which has no value at all in the eye of law? 5. Whether the Hon ble Tribunal erred in Law in deleting the addition toward immovable property overlooking the fact that loan paper or any supporting documents were not produced during the assessment which may relate the loan or advances to the payment toward immovable property? 6. Whether the Hon ble ITAT erred in law in setting aside the addition made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment years, namely 2004-05 to 2010-11, we have noted the findings recorded by the Tribunal. In fact the Tribunal has done a thorough factual exercise while considering the correctness of the order passed by the CIT(A), which had allowed the appeal filed by the assessee. The Tribunal on noting the facts found that in the course of search which commenced on November 5, 2009, the survey team had seized electronic data and other records. However, there was no finding that any entry therein was false or fabricated. Further the CIT(A) had set aside the findings of the assessing officer which had disbelieved the fire accident which took place in the office premises of the assessee at Strand Bank Road, Kolkata. Noting the facts, the Tribunal foun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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