CIT v. Eastern Commercial Enterprises

Jagmohan Agarwal, Kolkata vs. ACIT, Circle - 35, Kolkata

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M. Balaganesh, Am]

…relevancy whatsoever to the case of the mill in question." The Ld. AR submitted that similar views have been taken in following cases:- • LAXMANBHAI S. PATEL V. CIT ITR NO. 41 OF 1997 • ALOK AGRAWAL V. DCIT, 67 TTJ 109 • CIT VS EASTERN COMMERCIAL ENTERPRISES 210 ITR 103 (CAL) • KISHINCHANDCHELLARAM VS CIT (1980) 125 ITR 0713 (SC) • CIT VS PRADEEP KR GUPTA 303 ITR 95 • CIT VS SMC SHARE BROKERS LTD 288 ITR 435 5 Jagmohan Agarwal, AY 2014-15 7. According to Ld. AR, in the absence of any material/evidences proving the involvement of the appellant in circular trading, it can be concluded that the additions made by t…

M/S Shree Bishandas Iron Works, Kolkata vs. The DCIT Cir-36, 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.

…r cross-examination, the order passed by the Tribunal upholding the addition is set aside and the matter is remanded back to the AO to consider the matter afresh.” Again the Hon'ble jurisdictional High Court in the case of Eastern Commercial Enterprise (1994) 210 ITR 103 (Cal) at page 111:- ITA No.1232/Kol/2014 A.Y. 2008-09 M/s Shree Bishandas Iron Works Vs. DCIT, Cir-36 Kol Page 12 “It was true that 'R' had proved to be a shifty person as a witness. At the earlier stages, he claimed all his sales to be genuine but before the Assessing Officer in the case of the assessee, he disowned the sales specifically made…

Rajda Polymers, Kolkata vs. DCIT, Cir-36, Kolkata

In the result, appeal of assessee is assessee is allowed”

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 333/Kol/2017 Assessment Year : 2013-14 Rajda Polymers -Vs- Dcit, Circle-36, Kolkata [Pan: Aadfr 2816 C] (Appellant) (Respondent)

…orted in 288 ITR 345 (Del) d) Decision of Hon’ble Supreme Court in the case of Prakash Chand Nahta vs Union of India reported in 247 ITR 274 (SC) e) Decision of Hon’ble Jurisdictional High Court in the case of CIT vs Eastern Commercial Enterprises reported in 210 ITR 103 (Cal) f) Decision of Hon’ble Kerala High Court in the case of P.S.Abdul Majeed vs Agricultural Income Tax & Sales Tax Officer & Ors reported in 209 ITR 821 (Ker) 5.4. We find that the ld AO did not provide the material rather he merely allowed the assessee to read the statement. This, in our considered opinion, was not justified. The assessee can…

M/S. Aps Containers Pvt. Ltd., Kolkata vs. DCIT, CC-Xviii, Kolkata

In the result, assessee’s appeal is allowed

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

…cross-examination, the order passed by the Tribunal upholding the addition is set aside and the matter is remanded back to the AO to consider the matter afresh.” Again the Hon'ble jurisdictional High Court in the case of Eastern Commercial Enterprise (1994) 210 ITR 103 (Cal) at page 111:- “Cross-examination is the sine qua non of due process of taking evidence and no adverse inference can be drawn against a party unless the party is put on notice of the case made out against him. He must be supplied the contents of all such evidence, both oral and documentary, so that he can prepare to meet the case against him…

Sri Rupak Mitra, Kolkata vs. ACIT, Cir-39, Kolkata

In the result, assessee’s appeal stands partly allowed for statistical purposes

Bench: Hon’Ble Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

…ee without the cross examination and if it is used then it will be against the principles of natural Justice. Reliance was placed in the judgment of Hon’ble jurisdictional High Court of Calcutta in the case of CIT vs Eastern Commercial Enterprises reported in 210 ITR 103 (Cal) wherein it was observed that Revenue making addition on the basis of a witness examined at the back of assessee is against the principles of natural justice. The ld AR also submitted that the difference is arising mainly on account of difference in the opening balance, in the amount of purchases and payment made to the party. The ld AR in…

I.T.O WD - 10(4), Kolkata vs. M/S Veda Commercial Pvt Ltd, Kolkata

In the result, appeal of Revenue stands dismissed and that of assessee’s appeal stands partly allowed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

…PK recorded during assessment proceedings was not cross examined by the AO though the assessee made very specific request. While holding so we rely in the judgment of Hon’ble Calcutta High Court in the case of CIT v. Eastern Commercial Enterprises reported in 210 ITR 103 (Cal) wherein it was held that the Revenue cannot make any addition on the basis of a witness who examined at the back of the assessee. In view of above, we reverse the order of authorities below. Hence the ground of appeal of the assessee is allowed. 13. In the result, appeal of Revenue stands dismissed and that of assessee’s appeal stands partl…

Veda Commercial Pvt Ltd, Kolkata vs. Addl C.I.T RG - 10, Kolkata

In the result, appeal of Revenue stands dismissed and that of assessee’s appeal stands partly allowed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

…PK recorded during assessment proceedings was not cross examined by the AO though the assessee made very specific request. While holding so we rely in the judgment of Hon’ble Calcutta High Court in the case of CIT v. Eastern Commercial Enterprises reported in 210 ITR 103 (Cal) wherein it was held that the Revenue cannot make any addition on the basis of a witness who examined at the back of the assessee. In view of above, we reverse the order of authorities below. Hence the ground of appeal of the assessee is allowed. 13. In the result, appeal of Revenue stands dismissed and that of assessee’s appeal stands partl…

Sunil Agarwal, Kolkata vs. ACIT, Circle - 50, Kolkata

In the result, assessee’s appeal is allowed

Bench: Shris.S.Viswanethra Ravi, Hon’Ble & Dr.A.L. Saini, Hon’Ble

…man indulging in double- speaking cannot be said by any means a truthful man at any stage and no court can decide on which occasion he was truthful. Refer Calcutta High Court's judgment in the case of CIT vs. Eastern Commercial Enterprises reported in [1994] 210 ITR 103 (Cal) and also the judgment of Hon'ble Kolkata Tribunal in the case of AbhisekMohta vs. ITO in ITA No. 122 to 124/kol/2011. 3. Mohan Chand Dewangan (i) Loan of Rs.2,00,000 received on 08.03.2010 by cheque. The Loan was repaid on 01.06.2013 (Pls see Page No.667 of PB Vol-V). However all interests were paid by account payee cheques. TDS was deduct…