Authority: High Court at Calcutta (Special Jurisdiction – Income Tax)

Order Date: 05 October 2026

Case Overview

  • Parties: Principal Commissioner of Income Tax‑2, Kolkata (Appellant/Revenue) vs Superdeal Resources Private Limited (Respondent).
  • Appeal filed under Section 260A of the Income‑Tax Act, 1961 against ITAT “D” Bench order dated 16 September 2025 (ITA No. 726/Kol/2025) for Assessment Year 2022‑23.
  • Revenue contested the ITAT’s deletion of an addition of ₹9,32,00,000 made under Section 68, alleging the purchasers were shell companies and the transaction was an accommodation entry.
  • The Tribunal had recorded purchase‑sale bills, investment statements, bank statements, purchaser confirmations, and notices under Section 133(6); it found no independent evidence that the sale consideration was unexplained cash credit.
  • The Court examined the legal questions raised, emphasizing that Section 260A permits review only of “substantial questions of law” and not re‑appraisal of factual findings.

Final Outcome

  • The Court held that no substantial question of law arose; the Tribunal’s factual findings were not perverse.
  • The appeal is dismissed at the admission stage; no order as to costs.
  • An urgent certified copy of the judgment may be supplied to parties upon compliance with formalities.

Topics: Income Tax; Section 68; High Court Appeal