Tribunal affirmed the order of Commissioner (Appeals) who has deleted the addition which was made under section 56(1) of the Act in respect of share application money received by the assessee. The High Court dismissed the Department’s appeals holding that this was a case more of appreciation of facts rather question of law. On appeals, allowing the appeal, that the High Court was not justified in disposing of the appeals with a one paragraph order without discussing the issues which arose for consideration. Therefore, the order of the High Court was liable to be set aside and remitted to the High Court for fresh consideration on the merits. (AY. 2012-13)
PCIT v. Motisons Entertainment India Pvt. Ltd. (2022) 443 ITR 6 / 326 CTR 778 / 214 DTR 20(SC) PCIT v. Motisons Global Pvt. Ltd. (2022) 443 ITR 6 / 326 CTR 778/ 214 DTR 20 (SC) PCIT v. Godawari Estates Pvt. Ltd. (2022) 443 ITR 6 / 326 CTR 778 / 214 DTR 20(SC)
S. 260A : Appeal-High Court-Income from undisclosed sources-Share application money-High Court disposing of Department’s appeals in one paragraph without discussion-Order set aside and matters remitted to High Court for consideration afresh on merits. [S. 56(1), 68]