Chandra Mohan Garg ORDER
1. The Revenue has filed the aforesaid 03 Appeals against the respective impugned orders passed by the Ld. CIT(A)-29, New Delhi relating to assessment years 2012-13 to 2014-15 and Assessee has filed the aforesaid 05 Cross Objections relating to assessment years 2012-13 to 2014-15 and 2016-17 and 2015-16 respectively. Since the issues involved in all the 03 Revenue appeals are common and identical, except the difference in figure of addition made on protective basis, hence, all the 03 appeals of Revenue alongwith Assessee's 05 Cross Objections were heard together and are being disposed of by this common order for the sake of convenience, by only dealing with Revenue's Appeal No. 8410/Del/2019 (AY 2012-13) and the decision thereof will apply mutatis mutandis to other Revenue's ITA Nos. 8411 to 8412/Del/2019 (Ayrs. 2013-14 & 2014-15).
2. The grounds raised in Revenue's appeal No. 8410/Del/2019 (AY 2012-13) are reproduced as under:-
1. On the facts and in the circumstances of the case the Ld. CIT(A) has erred in law and on facts in deleting the protective addition of Rs. 12,63,58,536/-made by the AO on account of unexplained cash credits, without considering the fact that the assessee has failed to discharge the onus to satisfy the conditions laid on u/s. 68 of the I.T. Act, 1961 with regard to the nature and source of credit entries in respect of share capital/premium/unsecured loans and other credits in bank.
2. That the appellant craves leave to add, amend, after or forgo any ground(s) of appeal either before or at the time of hearing of the appeal.
3. Briefly stated facts are that assessee filed return of income on 30.9.2012 declaring income of Rs. 85,626/-. In the assessment order, the AO has made an addition u/s. 68 of the Act on account unexplained credit entries of Rs. 12,63,58,536/-in the bank account of the appellant received from various parties on protective basis by observing that since the assessee has failed to discharge the onus to satisfy the conditions laid on u/s. 68 of the I.T. Act with regard to the nature and source of credit entries of share capital/premium/ unsecured loans and other credits in bank totaling to Rs. 12,63,58,536/-and treated the same as unexplained entries and added to the income of the assessee as its income from undisclosed sources u/s. 68 of the Act on protective basis as substantive addition will be made in the hands of the respective beneficiaries and assessed the income of the assessee at Rs. 12,64,44,162/-as against the returned income of Rs. 85,626/-vide order dated 17.12.2018 passed u/s. 153C r.w.s. 153A/143(3) of the Act. Against the assessment order dated 17.12.2018, assessee appealed before the Ld. CIT(A) who vide his impugned order dated 20.8.2019 has partly allowed the appeal by observing that the commission income earned on providing accommodation entries through the assessee company have already been assessed by the Assessing Officer in the hands of Sh. Anand Jain and Naresh Jain which has been confirmed by him in their respective appeals, hence, no further addition can be made in the hands of the assessee company and deleted the protective addition of Rs. 12,63,58,536/-.
4. Against the above order, Revenue is in appeal before us. We have heard both the parties and perused the records.
5. At the time of hearing, Ld. DR relied upon order passed by the AO and reiterated the contention raised in the grounds of appeal of the Revenue and requested that appeal of the Revenue may be all........