TMI Blog2022 (5) TMI 1543X X X X Extracts X X X X X X X X Extracts X X X X ..... Pooja Agarwal [ 2017 (9) TMI 1104 - RAJASTHAN HIGH COURT] wherein learned ITAT has relied upon the judgment of Division Bench involving the same facts wherein the Division Bench has dismissed the appeal filed by the Revenue. Thus the order of learned ITAT requires no interference and therefore, the appeal is dismissed. - D.B. Income Tax Appeal No. 13/2020 - - - Dated:- 9-5-2022 - Hon'ble Mr. Justice Prakash Gupta And Hon'ble Mr. Justice Sameer Jain For the Appellant(s) : Mr. Anuroop Singhi, Adv. ORDER Present appeal is filed under Section 260A of the Income Tax Act, 1961 against the order dated 10.07.2019 passed by the Division Bench of the Income Tax Appellate Tribunal (for short ITAT ), Jaipur Bench, Jaipur in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for the Revenue that even though the amending tax involved in the matter is below the prescribed monetary limit, but the case falls under the exceptions laid down in Circular No. 23/2019 dated 06.09.2019. On perusal of the record of the appeal, submissions made by the revenue counsel and on consideration of relied upon judgments, this court is of the view that in the instant matter there is concurrent findings arrived at by the CIT appeals, learned ITAT in terms of the order dated 03.01.2019 and 10.07.2019. On perusal of findings arrived at by the learned ITAT, reproduce as under:- The same facts were considered in the above cited cases regarding purchase of shares of M/s. Careful Projects Advisory Ltd which was subsequently m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ality in the order of the ld. CIT (A) in deleting the addition made by the AO under section 68 of the IT Act by treating the Long Term Capital Gain on sale of shares as unexplained cash credit. The addition of Rs. 1,51,869/- being the deemed commission for taking the accommodation entry, is consequential to the main issue. Hence, the same is also not sustainable. we are of the view that the present appeal does not involve any substantial question of law. Learned ITAT has specifically held that the assessee has produced all the relevant documentary evidence to establish genuineness of the transaction and there is no contrary evidence to doubt the correctness of the evidences produced by the assessee and therefore treating the transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X
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