Bangodaya Cotton Mills Ltd. v. CIT

ACIT, C.C-2(1), KOLKATA. , KOLKATA vs. SHALIMAR NUTRIENTS PVT. LTD. , KOLKATA

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 550/Kol/2023 Assessment Year: 2015-16 Assistant Commissioner Of Income Shalimar Nutrients Private Limited Tax, Central Circle-2(1), Kolkata Vs 17Th Floor, Suite No. 17A, B & C Everest House 46/C, Chowringhee Road Middleton Street Kolkata - 700071 [Pan: Aapcs1419M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tulsyan, Fca Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 12/10/2023 घोषणा क" तारीख /Date Of Pronouncement: 21/12/2023 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Kolkata – 20, (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2015- 16. 2. The Registry Has Pointed Out That There Is A Delay Of 1 Day In Filing The Present Appeal By The Revenue. Petition For Condonation Of Delay Is Placed On Record Explaining The Reasons. On Perusing The Same, We Are Convinced That The Revenue Was Prevented By Sufficient Cause From Filing This Appeal In Time. Accordingly, We Condone The Delay & Proceed To Admit The Appeal For Hearing.

…e Hon’ble Calcutta High Court in the case of CIT v. Eastern Commercial Enterprises (1994) 201 ITR 105 (Cal). On the issue of cross examination, we further place our reliance on the following judicial pronouncements: (i) Bangodaya Cotton Mills Ltd v CIT (2011) 330 ITR 104, Hon’ble Calcutta High Court “AO having made the impugned addition simply on the basis of some letters seized from a third party in the absence of any corroborative evidence and without issuing summons to the concerned person or making him available for cross examination, the order passed by the Tribunal upholding the addition is set aside and th…

M/S SHREE BISHANDAS IRON WORKS,KOLKATA vs. THE DCIT CIR-36, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2008-09 M/S Shree Bishandas Iron Dcit, Circle- बनाम Works, 4 India Exchange 36,Kolkata / V/S. Place, 2Nd Floor, Kolkta-001 [Pan No.Aanfs0164 Q] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Ravi Tulsiyan, Fca अपीलाथ" क" ओर से/By Appellant Shri Saurbh Kumar, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 02-11-2017 सुनवाई क" तार"ख/Date Of Hearing घोषणा क" तार"ख/Date Of Pronouncement 26-12-2017 आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-Xix, Kolkata Dated 09.04.2014. Assessment Was Framed By Dcit, Circle-36, Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 31.12.2010 For Assessment Year 2008-09. Shri Ravi Tulsiyan, Ld. Authorized Representative Appeared On Behalf Of Assessee & Shri Surbh Kumar, Ld. Departmental Representative Appeared On Behalf Of Revenue. 2. Sole Issue Raised By Assessee In This Appeal Is That Learned Cit(A) Erred In Confirming The Order Of Ao By Sustaining The Disallowance Of Rs. 1,17,47,513 On Account Of Commission Expenses Claimed By The Assessee. 3. Briefly Stated Facts Are That The Assessee In The Present Case Is A Partnership Firm & Engaged In The Business Of Manufacturing & Trading Of Iron & Steel Materials.

…g made available for cross-examination, despite repeated requests by the assessee, his statement could not be relied upon to his detriment.” We rely in the judgment of Hon'ble jurisdictional High Court in the case of Bangodaya Cotton Mills Ltd. vs. CIT (2009) 21 DTR 200 (Cal). In the said case the Hon'ble jurisdictional High Court held as under:- “AO having made the impugned addition simply on the basis of some letters seized from a third party in the absence of any corroborative evidence and without issuing summons to the concerned person or making him available for cross-examination, the order passed by the Tri…

M/S. APS CONTAINERS PVT. LTD.,KOLKATA vs. DCIT, CC-XVIII, KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

…made available for cross-examination, despite repeated requests by the assessee, his statement could not be relied upon to his detriment.” We rely in the judgment of Hon'ble jurisdictional High Court in the case of Bangodaya Cotton Mills Ltd. vs. CIT (2009) 21 DTR 200 (Cal). In the said case the Hon'ble jurisdictional High Court held as under:- “AO having made the impugned addition simply on the basis of some letters seized from a third party in the absence of any corroborative evidence and without issuing summons to the concerned person or making him available for cross-examination, the order passed by the Tri…