In the result, appeal of the assessee is allowed in terms of our aforesaid observations
Bench: Shri Ravish Sood & Shri G D Padmahshaliआयकर अपील सं./ Ita No.114/Rpr/2021 "नधा"रण वष" / Assessment Year : 2015-16 Chhattisgarh Metaliks & Alloys Private Limited Mohini B-5, Merlin Jayashree Vihar, Mandi Gate, Pandri Tarai, Raipur (C.G.)-492 001 Pan : Aadcc9242J .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-3(3), Raipur (C.G.) ……""यथ" / Respondent
section 56(2)(viib) of the Act in the backdrop of the facts of the case before us could not have been triggered. 15. At this stage, we may herein observe that though the aforesaid issue was specifically raised by the assesee before the CIT(Appeals) however, the latter had failed to adjudicate the same. In all fairness, instead