JUDGMENT

T. S. Sivagananam, J. - This appeal of revenue filed under Section 260a of the Income Tax act, 1961 (the 'act' in brevity) is directed against the order dated 12TH December, 2018 passed by the Income Tax appellate Tribunal, Kolkata 'B' Bench (the 'Tribunal' in short) in IT(SS)a No.118/Kol/2017 for the assessment year 2012-13.

The revenue has raised for the following substantial questions of law for consideration:

'(a) Whether on the facts and in the circumstances of the case, the Learned Income Tax appellate Tribunal was right in law in upholding the order of the Commissioner of Income Tax (appeals) deleting the addition made under Section 69 of the act on the ground that the assessee company is different juristic entity cannot be taxed by applying Section 68 of the act for the share capital and premium which these 14 amalgamating companies have shown their respective books from Financial Year 2008-09 onwards ?

(b) Whether the Learned Income Tax appellate Tribunal erred in law as well as in facts in dismissing the appeal of the revenue by deleting an addition of Rs.1,53,60,07,000/- wrongly assuming that this addition has been made under section 68 while the assessing Officer m