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TMI Blog2022 (4) TMI 1415X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Vivad Se Viswas Act (VSV Act) and though the declaration was processed and Form 3 was issued on 27th January, 2021, subsequently it was withdrawn from the server of the Department. This compelled the assessee to submit representation to the Department and the representation was rejected by order dated 9th September, 2021. The said order was put to challenge which was allowed by us by order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Income Tax Appellate Tribunal B Bench, Kolkata in MA No. 224/Kol/2019 along with ITA No. 1164/Kol/2019 for the assessment year 2014-15. The revenue has suggested following substantial questions of law for consideration : a) Whether the Learned Tribunal has committed substantial error in law by not admitting that unexplained Long Term Capital Gains (LTCG) comes under the purview of u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal is perverse in overlooking that it is the duty of the Tribunal to scratch surface and probe documentary evidence in depth in light of conduct of assessee and other surrounding circumstances in order to see whether the assessee is liable to provision of Section 68 of the Income Tax Act or not ? e) Whether the Learned Tribunal has committed substantial error in law in deleting the disallowanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27th January, 2021, subsequently it was withdrawn from the server of the Department. This compelled the assessee to submit representation to the Department and the representation was rejected by order dated 9th September, 2021. The said order was put to challenge in WPA/18282 of 2021, which was allowed by us by order dated 1st April, 2022 with a direction to the concerned authority to restore the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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