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TMI Blog2024 (6) TMI 1068X X X X Extracts X X X X X X X X Extracts X X X X ..... en supported by various decisions of the courts including of this Court in the case of Swati Bajaj [ 2022 (6) TMI 670 - CALCUTTA HIGH COURT] As the appellant would strenuously contend that certain documents were not available with the assessee at the relevant point of time and subsequently on being advised, applications were made under the Right to Information Act and information was sought for from several people and documents have been obtained which have been enclosed in the stay petition - As submitted by the appellant that these documents should be permitted to be placed before the learned Tribunal or before the CIT(A) so that the factual aspects can be re-examined and a correct conclusion can be arrived at. Unfortunately, such exercis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal) in ITA No. 1782/Kol/2018 for the assessment year 2015-16. 2. The assessee has raised the following substantial questions of law for consideration : i) Whether the Tribunal was justified in law in holding in the present facts and circumstances in upholding the order passed by CIT(A) by recording that no binding precedent was placed in favour of the assessee and that the decisions passed by a Coordinate Bench in Shyam Sunder Bajaj in I.T.A. 2552/Kol/2018 decided on October 17, 2022 and Swati Bajaj (supra) were applicable and thereby dismissing the grounds raised by the assessee for the assessment year 2015-16 ? ii) Whether the Tribunal has erred in failing to consider that the facts of the present case are different from the facts i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orded finding as to how the claim for long-term capital gain is a bogus claim. The conclusion arrived at by the Tribunal has also been supported by various decisions of the courts including of this Court in the case of Swati Bajaj vs. Director of Income Tax, (2022) 139 Taxmann.com 351 (Cal.). 6. Learned Counsel for the appellant would strenuously contend that certain documents were not available with the assessee at the relevant point of time and subsequently on being advised, applications were made under the Right to Information Act and information was sought for from several people and documents have been obtained which have been enclosed in the stay petition from page 120 onwards. It is the submission of the learned Counsel for the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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