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2019 (4) TMI 1099

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..... fairplay, to remand this issue to the file of AO for denovo adjudication and decide the same in accordance with law uninfluenced by earlier decision taken in this regard. Grounds raised by the revenue are allowed for statistical purposes. - ITA No. 2160/Kol/2016 - - - Dated:- 1-1-2019 - Sri S.S. Godara, Judicial Member And Sri M. Balaganesh, Accountant Member For the Assessee : Shri Subash Agarwal, Advocate For the Revenue : Shri Sankar Halder, CIT D/R. ORDER PER BENCH :- This is an appeal of the assessee directed against the order passed by the Learned Commissioner of Income Tax (Appeals) 4, Kolkata (in short the ld CITA) in Appeal No. 1058/CIT(A)-4/Ward-12(2)/Kol/15-16 dated 25.8.2016 against the order of .....

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..... d the high premium on its allotment remained unexplained warranting addition u/s 68 of the Act. 4. The ld CIT(A) observed that the assessee had received share capital and premium from 12 related bodies corporate. He observed that the assessee had filed various details that were filed before the ld AO in a Paper book comprising of copies of share application forms, letter of allotment, copies of relevant bank statements in respect of accounts from which share application monies were paid, PAN and address of share applicants for the year ended 31.3.2012, return of allotment of shares in Form No. 2 filed with Registrar of Companies, copies of certificate of incorporation of share applicants and share allotment letters issued to them. It was .....

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..... f the company Investible Funds available as per Financials Amount invested in the appellant company Bluediamond Sales Pvt. Ltd. 678428100 1507500 Daulat Tradecom Pvt. Ltd. 402784600 1518750 Dhansagar Vintrade Pvt. Ltd. 120300000 1498500 Everest Tradecom Pvt. Ltd. 754555000 1498500 Goldmine Barter Pvt. Ltd. 780570000 1498500 Goldmoon Commerce Pvt. Ltd. 751344500 1512000 Matrix .....

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