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2018 (10) TMI 1969

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..... ee in support of the genuineness of the transaction was rejected - HELD THAT:- The overwhelming evidence filed by the assessee remains unchallenged and uncontroverted. The entire conclusions drawn by the revenue authorities, are based on a common report of the Director of Investigation, Kolkata, which was general in nature and not specific to any assessee. The assessee was not confronted with any .....

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..... ssee are directed against the common order of the ld. Commissioner of Income Tax (Appeals)-10, Kolkata (hereinafter the ld. CIT (A) ), passed u/s 250 of the Income Tax Act, 1961 (the Act ), dt. 19/01/2018, for the Assessment Year 2014-15. 2. As the issues arising in both these appeals are common, for the sake of convenience they are heard together and disposed off by way of this common order. .....

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..... in his order relied upon circumstantial evidence and human probabilities to uphold the findings of the AO. He also relied on the so called rules of suspicious transaction . No direct material was found to controvert the evidence filed by the assessee, in support of the genuineness of the transactions. In other words, the overwhelming evidence filed by the assessee remains unchallenged and unc .....

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..... ch are listed below :- Sl.No ITA Nos. Name of the Assessee Date of order/Judgment 1. 1236-1237/K/17 ITAT Kolkata Manish Kumar Baid Others vs ACIT 18.08.2017 2 443/Kol/2017 Kiran Kothari (HUF) vs ITO .....

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..... ard-35(3), Calcutta 20.07.2018 5. I am bound by the proposition of law laid down in these case law. They are squarely applicable to the facts of the case. The ld. Departmental Representative, though not leaving his ground, could not controvert the claim of the ld. Counsel for the assessee that the issue in question is covered by the above cited decisions of the Hon .....

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