Diagnostics v. CIT

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Shri George Mathan & Shri Rakesh Mishra

…mately ₹40 lakh has been treated as bogus sales only on the basis of the summons u/s 131 of the Act not being served on the party. Reliance was also placed upon the decision in the case of M/s. Diagnostics V Commissioner of Income Tax Kolkata-XX & Anr. [2011] 334 ITR 111 (Cal.), however the facts of the case of the assessee are different and the decision is distinguishable on facts. However, the fact remains that the assessee also could not furnish details of transportation expenses either before the Ld. CIT(A) or the Ld. AO. The Ld. AO has not excluded the sum of ₹4,26,133/- from the sales shown by the assessee,…

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Shri George Mathan & Shri Rakesh Mishra

…mately ₹40 lakh has been treated as bogus sales only on the basis of the summons u/s 131 of the Act not being served on the party. Reliance was also placed upon the decision in the case of M/s. Diagnostics V Commissioner of Income Tax Kolkata-XX & Anr. [2011] 334 ITR 111 (Cal.), however the facts of the case of the assessee are different and the decision is distinguishable on facts. However, the fact remains that the assessee also could not furnish details of transportation expenses either before the Ld. CIT(A) or the Ld. AO. The Ld. AO has not excluded the sum of ₹4,26,133/- from the sales shown by the assessee,…

M/S. SAROJ EMBRODS PVT. LTD. ,HOOGHLY vs. DCIT, C.C-3(4), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar & Shri Sonjoysarma]

…red to tax disclosed by the assessee. Moreover there was no rejection of books of account by both the authorities below. The case of the assessee finds support from the decision of Hon’ble Calcutta High Court in the case of Diagnostics vs. CIT &Anr. In [2011] 334 ITR 111 (Cal) wherein the Hon’ble High Court has held as under: “ii) That however as regards the payments made to SP amounting to Rs. 3,12,302/-, those had been made by account payee cheques and those had been encashed through the bankers. The amount could not be added to the income of the assessee. If an assessee took care to purchase materials for his…

SAROJ EMBRODS PRIVATE LIMITED. ,HOOGHLY vs. DCIT,C.C-3(4), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar & Shri Sonjoysarma]

…red to tax disclosed by the assessee. Moreover there was no rejection of books of account by both the authorities below. The case of the assessee finds support from the decision of Hon’ble Calcutta High Court in the case of Diagnostics vs. CIT &Anr. In [2011] 334 ITR 111 (Cal) wherein the Hon’ble High Court has held as under: “ii) That however as regards the payments made to SP amounting to Rs. 3,12,302/-, those had been made by account payee cheques and those had been encashed through the bankers. The amount could not be added to the income of the assessee. If an assessee took care to purchase materials for his…

VIJAY MITTAL ,KOLKATA vs. ITO, WARD - 1(1), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘A’ BENCH, KOLKATA VIRTUAL COURT HEARING (Before Sri J. Sudhakar Reddy, Hon’ble Accountant Member & Sri S.S. Godara, Hon’ble Judicial Member) Assessment Year: 2005-06 Vijay Mittal.....................…………………………………………….............................………………......…....Appellant C/o. S. Jaykishan Suite No. 2D, E & F 12, Ho-Chi Minh Sarani Kolkata – 700 071 [PAN : AFHPM 3301 A] Vs. Income Tax Officer, Ward – 1(1), Kolkata…...........................………..................………..…....Respondent Appearances by: Shri Manish Tiwari, FCA, appeared on behalf of the assessee. Shri Dh…

ACIT, CIRCLE - 34, KOLKATA, KOLKATA vs. M/S. EASTERN DISTRIBUTORS, KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S. S. Viswanethra Ravi) Assessment Year: 2014-15 Assistant Commissioner Of Income Tax, Circle-34, Kolkata……......……………...................Appellant Vs. M/S. Eastern Distributors Pvt. Ltd…..…….......................…..……………….…...……..................Respondent 3, Mangoe Lane Kolkata – 700 001 [Pan : Aadfe 5901 B]

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘A’ BENCH, KOLKATA (Before Sri J. Sudhakar Reddy, Accountant Member & Sri S. S. Viswanethra Ravi, Judicial Member) Assessment Year: 2014-15 Assistant Commissioner of Income Tax, Circle-34, Kolkata……......……………...................Appellant Vs. M/s. Eastern Distributors Pvt. Ltd…..…….......................…..……………….…...……..................Respondent 3, Mangoe Lane Kolkata – 700 001 [PAN : AADFE 5901 B] Appearances by: Shri S.S. Gupta, FCA, appeared on behalf of the assessee. Shri A.K. Nayak, CIT, Sr. D/R. appearing on behalf of the Revenue. Date of concluding the hear…