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TMI Blog2022 (2) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... essee, after noting the factual position, more particularly, the remand report submitted by the assessing officer wherein the assessing officer has accepted the factual position. Therefore, we find there is no question of law, much less substantial question of law, arising out for consideration as suggested in question no. 1. Whether Tribunal has erred in law in interpreting section 68 by hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... N'BLE JUSTICE HIRANMAY BHATTACHARYYA Mr. Smarajit Roychowdhury, Adv. for the appellant Mr. Subhas Agarwal, Adv. for the respondent ORDER The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity) is directed against the order dated 13th May, 2016 passed by the Income Tax Appellate Tribunal B Bench, Kolkata (T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terpreting section 68 of the Income Tax Act, 1961 by holding that ₹ 1,00,00,523/- credited to the account of M/s V.K. Minerals on 31.03.2007 did not represent cash credit as the said amount was credited on account of transfer entry, but, failed to appreciate that M/s V.K. Minerals is a non existing entity? We have heard Mr. Smarajit Roychowdhury, learned standing counsel for the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal has remanded the matter to the assessing officer to decide the same afresh. In fact, the assessee also agreed that the matter may be restored to the file of the assessing officer to decide the issue afresh. Thus, we find the second question also does not arise for consideration. Hence, the appeal fails and is dismissed with the observation that no substantial question of law arises for consid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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