PRINCIPAL COMMISSIONER OF INCOME TAX-13, KOLKATA vs. SHRI VIVEK MADHOGARIA

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Bivas Pattanayak Date : 20Th July, 2022 Appearance : Mr. Soumen Bhattacharyya, Adv. …For The Appellant. The Court : This Appeal By The Revenue Filed Under Section 260A Of The Income Tax Act, 1961 [The Act, For Brevity] Is Directed Against The Order Dated 26Th June, 2019 Passed By The Income Tax Appellate Tribunal, “Smc” Bench, Kolkata In Ita No.2461/[Kol]/2018 For The Assessment Year 2015-16. The Revenue Has Raised The Following Substantial Question Of Law For Consideration. I) Whether The Learned Tribunal Has Committed Substantial Error In Law Deleting The Addition Under Section 68 Of The Income Tax Act, 1961 Made By The Assessing Officer On The Basis Of Facts & Investigation As To Claim Of Bogus Long Term Capital Gain Caused The Impugned Order As Perverse ? Ii) Whether The Learned Tribunal Has Committed Substantial Error In Law By Passing An Order In Large Number Of Cases Where The Basic Facts & Facts

section 68 of the Income Tax Act, 1961 made by the assessing officer on the basis of facts and investigation as to claim of bogus Long Term Capital Gain caused the impugned order as perverse ? ii) Whether the learned tribunal has committed substantial error in law by passing an order in large number of cases where the basic facts