TMI Blog2022 (11) TMI 1432X X X X Extracts X X X X X X X X Extracts X X X X ..... addition u/s 68 - HELD THAT:- After the first order was passed u/s 263 of the Act, AO has conducted a de novo reassessment proceedings, issued summons to the directors and the shareholders as well as the assessee and examined the books of accounts, bank statement and the other documents produced by them to discharge the onus on them about the identity, creditworthiness and genuineness of the tran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered the similar factual issue and decided in favour of the assessee - No substantial question of law. - Hon ble Justice T.S. Sivagnanam And Hon ble Justice Hiranmay Bhattacharyya For the Appellant : Mr. Tilak Mitra, Adv. For the Respodent : Mr. Pranit Bag, Adv. And Mr. Asok Bhowmick, Adv. ORDER The Court: This appeal filed by the revenue under Section 260A of the Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t/assessee. After elaborately hearing the learned Advocates for the parties and carefully perusing the order passed by the learned Tribunal impugned in this appeal, we find that the present appeal arises out of an order passed by the Tribunal setting aside an order passed by the Commissioner under Section 263 of the Act which is a second proceedings initiated under the said provision. After the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the tribunal, also noted the decisions of this Court in the case of Commissioner of Income Tax-III vs. Dataware Pvt. Ltd. in ITAT/263/2011 dated 21st September, 2011; Commissioner of Income Tax-IV vs. Roseberry Mercantile (P) Ltd. in ITAT/241/2010 dated 10th January, 2011; Commissioner of Income Tax vs. M/s. Nishan Indo Commerce Ltd. in ITA/52/2001 dated 2nd December, 2013 and Commissioner o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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