9911796707
TMI Blog2022 (12) TMI 947X X X X Extracts X X X X X X X X Extracts X X X X ..... ed against the order dated 06.08.2019 passed by the Income Tax Appellate Tribunal [hereinafter referred to as "Tribunal"] in ITA No. 1168/Del/2019. 4. The Tribunal via the said order disposed of not only the appeals of the respondent/assessee in the instant case, but also the appeals preferred by two other assessees i.e., Ms Karuna Garg and Ms Krishna Devi. 5. In the case of the respondent/assessee i.e., Smt. Bindu Garg, the allegation is that she bought shares of M/s Rander Corporation Ltd. and M/s Esteem Bio Food Proceeding Ltd. 5.1 These shares were, according to the appellant/revenue, sold and the assessee registered a long-term capital gain amounting to Rs. 39,78,101/-. The entire transaction, according to the appellant/revenue, was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsideration has been received through banking channels. 21. A perusal of the assessment order clearly shows that the Assessing Officer was carried away by the report of the Investigation Wing Kolkata. It can be seen that the entire assessment has been framed by the Assessing Officer without conducting any enquiry from the relevant parties or independent source or evidence but has merely relied upon the statements recorded by the Investigation Wing as well as information received from the Investigation Wing. It is apparent from the Assessment Order that the Assessing Officer has not conducted any independent and separate enquiry in the case of the assessee. Even, the statement recorded by the Investigation Wing has not been got confirmed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 42 of the order the names of the appellants do not End place in the said list. At pages 58 and 59 the names of pre IPO transferee in the scrip of M/s. Esteem Bio Organic Food Processing Ltd is given and in the said list also the names of the appellants do not find any place. At page 63 of the SEBI order-trading by trading in M/s. Esteem Bio. Organic Food Processing Ltd - a further list of 25 persons is mentioned and once again the names of the appellants do not find place in this list also. 25. As mentioned elsewhere the brokers of the assessee namely ISG Securities Limited and SMC Global Securities Limited are stationed at New Delhi and their names also do not find place in the list mentioned here in above in the SEBI order. There is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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