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TMI Blog2022 (4) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax (Appeals) - 4, Kolkata by noting the facts and circumstances of the case that the remand report was called for from the Assessing Officer, who has certified the genuineness of the transaction and the creditworthiness and the identity of the share applicants - HELD THAT:- Tribunal after noting the findings recorded by the CIT(A) held that the revenue has no locus standi to file the appeal again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue. - ITAT/52/2021 IA NO: GA/1/2021 And ITAT/52/2021 IA NO: GA/2/2021 - - - Dated:- 11-4-2022 - The Hon ble Justice T.S. Sivagnanam And The Hon ble Justice Hiranmay Bhattacharyya For the Appellant : Mr. Soumen Bhattacharjee, Adv., Mr. S.N. Surana, Adv. ORDER IA NO: GA/1/2021 The Court : We have heard Mr. Soumen Bhattacharjee, learned Standing Counsel appearing for the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 021 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 20th September, 2019 passed by the Income Tax Appellate Tribunal, C Bench, Kolkata in ITA No.1593/Kol/2016 for the assessment year 2009-10. The revenue has raised the following substantial questions of law for consideration : i) Whether in the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d genuineness of the transaction has not been explained by the assessee satisfactorily ? We have heard Mr. Soumen Bhattacharjee, learned Standing Counsel appearing for the appellant/revenue. The first question to be considered in the instant case is whether the Tribunal was right in affirming the order passed by the Commissioner of Income Tax (Appeals) - 4, Kolkata [CIT(A)], dated 3rd June, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd., 2018(10) TMI 1405 ITAT Kolkata and dismissed the appeal filed by the revenue. We find that the Tribunal has rightly taken note of the legal position and dismissed the appeal filed by the revenue and we find no grounds to interfere with the said order. Accordingly, the appeal is dismissed and substantial questions of law are answered against the revenue. With the dismissal of the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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