Dr.Syamal Baran Mondal v. CIT

ITO, Ward - 13(1), Kolkata vs. M/S. Ambey Retailers Pvt. Ltd., Kolkata

Appeal is dismissed

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Income Tax Officer V/S. M/S Ambey Retailers Pvt. Ward-13(1), 9Th Ltd. 29B, Rabidra Sarani, 3Rd Floor, Kolkata-73 Floor, 110, Shanti Pally, Aayakar [Pan No.Aahca 8700 F] Bhawan (Poorva), Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri R. Chowdhury, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant None ""यथ" क" ओर से/By Respondent 13-08-2018 सुनवाई क" तार"ख/Date Of Hearing 05-09-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2012-13 Challenges Correctness Of Commissioner Of Income Tax (Appeals)-5, Kolkata’S Order Dated 03.07.2017, Passed In Case No.472/Cit(A)-5/W-15(1)/15-16, Reversing The Assessing Officer’S Action Deleting Imposing Penalty Of ₹50,21,837/- Involving Proceedings U/S. 271(1)(C) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. We Have Heard Learned Departmental Representative Arguing In Favour The Above Impugned Penalty. Case File Perused. It Emerges First Of All That Cit(A)’S Detailed Discussion On The Issue Reads As Under:- “1. By Way Of Additional Ground The Objection Raised Is That The Ao Failed To Strike Off The Irrelevant Portion In The Notice Initiating Penalty U/S 271(1)(C)/ Section 274. Relying On The Decision Of Manjunatha Cotton & Ginning Factory & Others [2013] 359 Itr

…soning of the in its order dt:01-12-2017 of Coordinate Bench in the case of Jeetmal Choraria and the same is reproduced for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

J. K. Builders, Kolkata vs. ITO, Ward - 47(2), Kolkata

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1692/Kol/2017 Assessment Year : 2010-11 J.K. Builders -Vs- Ito, Ward-47(2), Kolkata. [Pan: Aagfj 1596 C] (Appellant) (Respondent)

…Co-ordinate Bench in its order dt: 01- 12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Harvinder Singh, Kolkata vs. ITO, Ward-33(2), Kolkata

Appeals are allowed

Bench: Shri P.M.Jagtap & Shri S.S.Godara

…soning of the in its order dt:01-12-2017 of Coordinate Bench in the case of Jeetmal Choraria and the same is reproduced for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Harvinder Singh, Kolkata vs. ITO, Ward-33(2), Kolkata

Appeals are allowed

Bench: Shri P.M.Jagtap & Shri S.S.Godara

…soning of the in its order dt:01-12-2017 of Coordinate Bench in the case of Jeetmal Choraria and the same is reproduced for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Sujoy Deb, Kolkata vs. ITO, Ward - 63(1), Kolkata

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri M.Balaganesh, Am & Hon’Ble Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 2050/Kol/2017 Assessment Year : 2011-12 Sujoy Deb -Vs- Ito, Ward-63(1), Kolkata. [Pan: Adrpd 6358 G] (Appellant) (Respondent)

…Co-ordinate Bench in its order dt: 01- 12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

M/S. Zenith Life Style Pvt. Ltd., Kolkata vs. CIT(A)-3, Kolkata

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

…dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: 3 M/s. Zenith Life Style P.Ltd “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

M/S. Dadheech Furniture Pvt. Ltd., Kolkata vs. ITO, Ward 7(3), Kolkata

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

…e Co-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Sri Supratik Banerjee, Birbhum vs. ACIT, Circle - 3, Suri, Birbhum

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

Bench: The Cit-A The Notice Dt. 29-12-2009 Issued By The Ao [Acit, Cir-3, Suri] U/Sec 274 R.W.S 271(1) ( C) Of The Act Is Defective For Not Mentioning The Specific Charge & Placed Reliance On The Decision Of The Hon’Ble Supreme Court In The Case Of Ssa’S Emerald Meadows. The Cit-A Without Considering The Same Confirmed The Penalty Imposed By The Ao U/S. 271(1) ( C ) Of The Act By Placing Reliance On The Decisions Of The Hon’Ble Supreme Court In The Cases Of Mak Data (Special Leave Petition (Civil) No.18389 Of 2013) & Dharmendra Textiles Reported In (2008) 306 Itr 277(Sc).

…n its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: 3 Supratik Banerjee “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

DCIT, Central Circle - 2(2), Kolkata vs. M/S. Ananya Wood Pvt. Ltd., Kolkata

In the result, both the appeals of revenue are dismissed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

DCIT, Central Circle - 2(2), Kolkata vs. M/S. Ananya Wood Pvt. Ltd., Kolkata

In the result, both the appeals of revenue are dismissed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Tapan Kumar Saha, Kolkata vs. ITO, Ward - 23(2), Kolkata

Appeal is allowed

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year:2011-12

…soning of the in its order dt:01-12-2017 of Coordinate Bench in the case of Jeetmal Choraria and the same is reproduced for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Sri Krishna Kumar Mundhra, Kolkata vs. ACIT, Circle - 45, Kolkata

In the result, the appeal of the assessee is allowed

Bench: Sh. J.Sudhakar Reddy & Sh. S.S.Viswanethra Ravi[Assessment Year: 2011-12] Vs Acit, Sh. Krishna Kumar Mundhra, Subhash Agarwal & Associates, Circle-45, Siddha Gibson, 1 Gibson Lane, 2Nd Kolkata Floor, Suite-213, Kolkata-700069. Pan-Adqpm9715P (Appellant) (Respondent) Appellant By Smt. Somdutta Somaddar, Advocate Respondent By Sh. S. Dasgupta, Addl. Cit Dr Date Of Hearing 11.07.2018 Date Of Pronouncement 18.07.2018

…oning of the in its order dt:01-12-2017 of Coordinate Bench in the case of Jeetmal Choraria and the same is reproduced for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Shri Laxmi Kant Todi, Kolkata vs. ITO, Ward - 35(3), Kolkata

In the result, all the appeals of assessee are allowed

Bench: The Cit-A The Notice Dt. 30-06-2014 Issued By The Ao U/Sec 274 Of The Act Is Defective For Not Mentioning The Specific Charge & Placed Reliance On The Decision Of The Hon’Ble Supreme Court In The Case Of Ssa’S Emerald Meadows. The Cit-A Without Considering The Same Confirmed The Penalty Imposed By The Ao U/S. 271(1) ( C ) Of The Act By Placing Reliance On The Decisions Of The Hon’Ble Supreme Court In The Cases Of Mak Data (Special Leave Petition (Civil) No.18389 Of 2013) & Dharmendra Textiles Reported In (2008) 306 Itr 277(Sc).

…e Co-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Sun Biotechnology Ltd., Kolkata vs. DCIT, Circle-7(2), Kolkata

In the result the appeal of the assessee is allowed

Bench: Shri A. T. Varkey, J.M & Dr. A. L. Saini, A.M आयकर अपीलसं./Ita No.1094/Kol/2017 ("नधा"रण वष" / Assessment Year: 2009-10) Sun Biotechnology Ltd. Vs. Dcit, Circle-7(2), Kolkata

…3/Kol/2010 dated 06.11.2015 wherein identical proposition has been followed by the Tribunal. Sun Biotechnology Ltd. Assessment Year: 2009-10 7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

DCIT, Cir-10(2), Kolkata vs. M/S Vivada Chemicals Pvt. Ltd., Kolkata

In the result the appeal of the assessee is allowed

Bench: Hon’Ble Sri A. T. Varkey, Jm & Dr. Arjun Lal Saini, Am] I.T.A No.1391/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-10(2), Kolkata -Vs.- M/S. Vivada Chemicals Pvt. Ltd. [Pan : Aaacv 8688 C ] (Appellant) (Respondent) : Shri A. Bhattacharjee, Addl. Cit For The Appellant For The Respondent : Shri Ankit Jalan, Ld. Ar Date Of Hearing : 03.07.2018 Date Of Pronouncement : 11.07.2018. Order Per Dr. A.L. Saini, Am

…f Suvaprasanna Bhattacharya vs ACIT in ITA No.1303/Kol/2010 dated 06.11.2015 wherein identical proposition has been followed by the Tribunal. 7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Sri Sujoy Kanti Pal, Kolkata vs. ITO, Ward - 63(2), Kolkata

In the result, appeal of assessee is allowed

Bench: Shri S. S. Godara, Jm & Shri M. Balaganesh, Am]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Rajgaria Timber Privtate Limited, Kolkata vs. DCIT, CC-2(2)/Kol, Kolkata

In the result, the appeal of the assessee is allowed

Bench: : Shri M. Balaganesh & Shri S.S.Viswanethra Ravia.Y 2008-09

…e Co-ordinate Bench in its order dt: 01-12-2017 in the case of Jeetmal Choraria and the same is reproduced herein below for ready reference: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the order either with expressed words recorded by the AO or by his overt act and action. In our view this decision is on the question of recording sat…

Shri Praveen Kumar Singh, Kolkata vs. ITO, Ward 46(3), Kolkata

In the result, appeal of assessee is allowed

Bench: Shri S. S. Godara, Jm & Shri M. Balaganesh, Am]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the 4 Shri Praveen Kumar Singh, AY 2009-10 order either with expressed words recorded by the AO or by his overt act and action. In our view this deci…

DCIT, Circle-1, Siliguri vs. M/S Prakash Distillery & Chemicals(P) Ltd., Siliguri

In the result, both the appeal of revenue and the cross objection of assessee are dismissed

Bench: Shri S. S. Godara, Jm & Shri M. Balaganesh, Am]

…al in the case of Jeetmal Choraria Vs. ACIT, ITA No. 956/Kol/2016 for AY 2010-11 dated 01.12.2017, wherein the Tribunal has noted as under: “7. The learned DR submitted that the Hon’ble Calcutta High Court in the case of Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal) has taken a view that Sec.271 does not mandate that the recording of satisfaction about concealment of income must be in specific terms and words and that satisfaction of AO must reflect from the 4 ITA No.1717/K/2016 & CO No.60/Kol/2016 Prakash Distillery & Chemicals P. ltd., AY 2012-13 order either with expressed words recorded by the AO…