2023 (4) TMI 113

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..... k Mita, Adv. . For the Respondent : Ms. Swapna Das, Adv. Mr. Siddharth Das, Adv. RE: GA/1/2022 The Court:- Heard Mr. Tilak Mitra, learned Advocate for the appellant and Ms. Swapna Das, learned Advocate for the respondent. There is a delay of 370 days in filing the appeal. We have perused the affidavit filed in support of the condone delay petition and we find sufficient cause has been shown .....

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..... tence of loan creditors and genuineness of related transaction? 2. WHETHER the Learned tribunal has erred in law as well as in fact in not considering the facts brought on record by the assessing officer on physical non-existence of the companies extending loans ? 3. WHETHER learned Tribunal has erred in holding that the criteria of identify, creditworthiness and genuineness of the transaction o .....

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..... ferring to certain answers given by the selected questions. The said answers have been recorded by the said Mr. Kothari and also specifically alleged that it was obtained under threat and coercion. In any event, both the CIT[A] as well as the tribunal had independently assessed the factual position and arrived at a decision. The CIT[A] had also noted the decision of this court in the case of CIT v .....

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