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Income Tax Appellate Tribunal, KOLKATA BENCH “A”, KOLKATA
IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “A”, KOLKATA BEFORE SH. P.M.JAGTAP, VICE PRESIDENT & SH. S.S.VISWANETHRA RAVI, JUDICIAL MEMBER (ASSESSMENT YEAR-2012-13) ITO, vs M/s. Sandeep Enclave Ward-5(2), P-7, Pvt.Ltd., 5, Lucas Lane, Chowringhee Square, 8th Kolkata-700001. Floor, Room No.6, PAN-AAKCS4068B Kolkata-700069. (Appellant) (Respondent) Appellant by Sh. Sankar Halder, Addl. CIT, Sr.DR Respondent by Sh. Manish Tiwari, FCA Date of Hearing 27.11.2018 Date of Pronouncement 30.11.2018 ORDER
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER
This appeal filed by the Revenue against the order dated 30.06.2015 passed by CIT(A)-2, Kolkata for AY 2012-13.
Heard both parties and perused the material available on record. Ld.AR submits that the issue is relating to the addition made on account of share capital u/s 68 of the Income Tax Act, 1961 (in short “Act”). Further, by placing reliance on the decision of this Tribunal in the cases of M/s. Pratibha Griha in ITA No.1483/Kol/2016 and M/s. Vatan Enclave Pvt.Ltd. in ITA No.1169/Kol/2015 and prayed to remand the matter to the AO for his fresh consideration. We find that the issue raised in this appeal is similar to the issue raised in both appeals (supra). Ld.DR did not controvert the same. Therefore, taking into consideration the submissions of the Ld.AR and DR and facts and circumstances of the case, we deem it proper to remand the matter to the file of AO for his fresh consideration in the interests of justice. The assessee is liberty to file evidences, if any, in support of its ITA No.1180/KOL/2015 (ASSESSMENT YEAR-2012-13) contention. Thus, grounds raised
by the Revenue are allowed for statistical purposes.
3. In the result, the appeal of the Revenue is allowed for statistical purposes. Order pronounced in the open court on 30.11.2018.