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Income Tax Appellate Tribunal, HYDERABAD BENCHES “A” : HYDERABAD
Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU
O R D E R PER S.S.GODARA, J.M. :
This Revenue’s appeal for AY.2015-16 arises from the CIT(A)-3, Hyderabad’s order dated 20-09-2018 passed in appeal No.0096 / ITO-3(2) / Hyd / CIT(A)-3 / 2017-18 in proceedings u/s.143(3) of the Income Tax Act, 1961 [in short, ‘the Act’]. Heard both parties. Case file perused.
Coming to the Revenue’s sole substantive ground that the CIT(A) has erred in law and on facts in deleting Section 68 addition of un-explained share capital amounting to Rs.36,27,52,980/- made in the course of assessment dt.30-12-2017.
We notice at the outset that the CIT(A)’s lower appellate discussion has precisely gone by the Assessing Officer’s remand report itself stating it very clearly that he had not found anything adverse in assessee’s share capital as it is evident from pgs.23 and 24 paras VIII to XI. Faced with this situation, we hold that the Revenue cannot be held to be an agitated party having any locus standi to evoke second appellate jurisdiction u/s.254(1) of the Act in view of B.Jayalaxmi Vs. ACIT (2018) [96 taxmann.com 486] and CIT Vs. D.M.Purnesh (2020) [426 ITR 169] (Karnataka). We thus decline the Revenue’s instant grievance on this sole reason alone.
This Revenue’s appeal is dismissed.
Order pronounced in the open court on 11th June, 2021