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2022 (5) TMI 1545

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..... ed ITAT has passed the order on consideration of material and relevant facts, logical conclusion has been arrived at and the same must be allowed to rest. There is no gross violation of principles of natural justice or failure of justice, no error has crept in the order impugned of learned ITAT. The Coordinate Bench of this court in Shri Sanjay Chhabra [ 2022 (4) TMI 1418 - RAJASTHAN HIGH COURT] in the similar facts and circumstances has already taken a view that in the appeal at hand u/s 260A of the Act no substantial question of law arises. - D.B. Income Tax Appeal No. 54/2021 - - - Dated:- 10-5-2022 - Hon'ble Mr. Justice Prakash Gupta And Hon'ble Mr. Justice Sameer Jain For the Appellant(s) : Mr. Anuroop Singhi, Adv. .....

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..... espondents for purchase and sale of shares of M/s Sunrise Asian Ltd. Are found to be bogus as the said company accommodated bogus entries. It was a big racket on pan India basis which was in operation. The transactions of purchase and sale of shares were made on consequential capital gain only on papers. 3. On going through the contents of the order of learned ITAT dated 18.11.2020, it is established that before rendering the judgment the learned ITAT has considered entire facts of the case, and has given a categorical finding that in the case in hand the assessee produced all the documentary evidence to establish the genuineness of transaction. The learned Assessing Officer as per the learned ITAT has failed to produce the contrary mate .....

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..... of admission of an appeal, on substantial question of law was considered and it was held as under:- (i) The question raised must involve a substantial question of law which has not been answered or, on which, there is a conflict of decisions necessitating a resolution. (ii) If the Tribunal, on consideration of the material and relevant facts, had arrived at a conclusion which is a possible conclusion, the same must be allowed to rest even if this Court is inclined to take another view of the matter. (iii) The Tribunal had acted in gross violation of the procedure or principles of natural justice occasioning a failure of justice. 8. We are of the view that learned ITAT has passed the order on consideration of material and relev .....

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