M/S ADITI SCANS PVT. LTD,BIJAPUR vs. ACIT, CIRCLE - 1, BIJAPUR

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Laliet Kumar, Jm & Dr. Mitha Lal Meena, Am M/S Aditi Scans Pvt. Ltd. Vs Acit, Circle-1, Bijapur Shiva Kunja Chalukya Nagar (East) Solapur Road, Vijaypur, Vijaypur Pan No.Aagca 7255 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधााररती की ओर से /Assessee By : Shri Prasanth G.S., Ca राजस्व की ओर से /Revenue By : Shri Prabhat Jha, Citdr सुनवाई की तारीख / Date Of Hearing : 07/10/2021 घोषणा की तारीख/Date Of Pronouncement : 07/10/2021 आदेश / O R D E R Per Bench : This An Appeal Filed By The Revenue Against The Order Passed By The Cit(A), Gulbarga, Dated 29.11.2017 For The Assessment Year 2009- 2010, On The Following Grounds :- The Order Of The Learned Cit(A) In So Far As It Is Against The 1. Appellant, Is Opposed To Law, Weight Of Evidence, Natural Justice, Probabilities, Facts & Circumstances Of The Appellant'S Case. The Appellant Denies Itself Liable To Be Assessed On A Total Loss 2. Of Rs. 15,76,829/- As Against The Lossof Rs.75,46,930/- Under The Facts & Circumstances Of The Case. The Authorities Below Erred In Treating The Share Capital Of Rs. 3. 13,75,000/- As Unexplained Money Under Section 68 Of The Act Under The Facts & Circumstances Of The Case. The Order Of The Authorities Below Is Bad In Law As The Amount 4. Of Rs. 13,75,000/- Cannot Be Brought To Tax In The Hands Of The Appellant As The Mandatory Conditions To Invoke Section 68 Of The Act Have Not Been Satisfied Under The Facts & Circumstances Of The Case.

section 68 of the Act have not been satisfied under the facts and circumstances of the case. 2 a) The authorities beloware not justified in treating the 5. unsecured loans of Rs.45,95,101/-as unexplainedon the facts and circumstances of the case. b) The authorities below erred in treating the loan transactions as bogus without proper examination under