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TMI Blog2022 (2) TMI 1393X X X X Extracts X X X X X X X X Extracts X X X X ..... unexplained unsecured loans obtained by the assessee - tribunal confirmed the view of the CIT (Appeals) that the additions made by the assessing officer were not sustainable - HELD THAT:- As observed that the companies through which the assessees had indulge into bogus accommodation entries, were not managed or controlled by Mr. Anand Sharma, who was supposed to be the kingpin. As it was observed that there was no link found in the documents and the financial statements of the companies concerned. As noted that the assessee had produced the affidavit and the notices issued by the AO u/s 131 and 133(6) of the Act which was duly complied by the creditors. The statement of director of Ms. Royal Crystal Dealers Pvt. Ltd. was also recorded b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2019, 70927/2019, 48922/2019, 48935/2019, 63367/2019 and 64456/2019:- Since certified copy of the impugned judgment of the tribunal which is common in several appeals is filed in one of them, request for dispensing with filing certified copies in all the appeals is granted. The applications are disposed of. D.B. Income Tax Appeal Nos.63/2019, 58/2019, 59/2019, 61/2019, 62/2019, 74/2019, 77/2019, 103/2019, 105/2019, 106/2019, 107/2019, 108/2019, 109/2019, 113/2019, 114/2019, 115/2019, 116/2019 and 162/2019:- These appeals involve the same group of assessees and arise out of search action carried out by the revenue against the group. Due to commonality of facts, we may refer to the material produced in D.B. Income Tax Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AT was justified in holding the additions made during reassessment proceedings under Section-153A to be unsustainable on the ground that reassessment under Section-153A could not have been made on the basis of information/report of the Information Wing, Kolkata? Though, five different questions are framed, the central issue is one, namely, the deletion of the addition made by the assessing officer under Section 68 of the Income Tax Act, 1961 (for short the Act ). We may record that the assessing officer having made such additions, in appeal filed by the assessee, the Commissioner (Appeals) had deleted the same. Thus revenue was in appeal before the tribunal. The tribunal had dismissed the revenue s appeal. Thus, there are concurrent fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Investigation Wing at Kolkata to which the assessee was not privity to. The assessee was also not granted opportunity to cross-examine the persons whose statements were recorded by the investigation wing. We are informed that in some of the cases the tribunal has also held that the reassessment was invalid this was an additional ground to delete the additions. Since in relation to the deletion of additions no question of law arises, we have not examined the correctness of the view of the tribunal on the question of validity of the reassessment. Under the circumstances we do not find any reason to entertain these appeals since no question of law arises. All appeals are dismissed. Pending applications, if any, are also disposed o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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