9911796707
TMI Blog2023 (11) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... hare premium - HELD THAT:- As fairly stated that the appellant/assessee was not represented before the Tribunal. Clearly, in view of this circumstance, the appellant/assessee had no opportunity to deal with the decision on which the Tribunal has relied while passing the impugned order. Concededly, no hearing was held between 13.12.2022 and the date on which impugned order was passed. In these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay of 47 days in re-filing the appeal] 1. This is an application moved on behalf of the appellant/assessee, seeking condonation of delay in re-filing the appeal. 1.1 According to the appellant/assessee, there is a delay of 47 days in refiling the appeal. 2. Mr Gaurav Gupta, learned senior standing counsel, who appears on behalf of the respondent/revenue, says that having regard to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 68 of the Income Tax Act, 1961 [in short, Act ]. 9. This addition was made on account of purported unexplained credit entry concerning share capital/share premium. 10. A perusal of the impugned order shows that the Tribunal concluded in favour of the respondent/revenue, inter alia, based on the judgment dated 28.06.2017 rendered by its Kolkata Bench in ITA No. 271/Kol/2014, titled ITO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the date on which impugned order was passed. 15. In these circumstances, the impugned order is set aside and the matter is remanded to the Tribunal for a fresh hearing. 16. Needless to add that, we have not examined the merits of the matter. The Tribunal will, thus, be free to arrive at its own conclusion while deciding the matter on merits. 17. To hasten the proceedings, we direct t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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