PCIT v. Golden Goenka Fincorp Ltd. (2023) 292 Taxman 159 (Cal.)(HC)

S. 68 : Cash credits-Share capital-Statement during search-Statement was retracted-Order of Tribunal deleting the addition was affirmed. [S. 132(4), 260A]

Assessing Officer on basis of such statement made  during search proceedings made  additions  by treating share application money of assessee as undisclosed income. On appeal the CIT(A) deleted addition based on the retracted statement of the director and also on the ground that  the  Assessing Officer had failed to bring on record any evidence in support of writing with pen on printouts taken out from pen drive and there was no cash trail or any other corroborative evidence or investigation.  Tribunal upheld  the order of the  Commissioner (Appeals). On appeal by the revenue dismissing the appeal the court held that  since entire matter revolving on facts had been appreciated and re-appreciated by both Commissioner (Appeals) and Tribunal, no substantial question of law arose for consideration.  (AY. 2013-14, 2015-16)