Dr.Syamal Baran Mondal v. CIT

Chagan Lal Agarwal, Kolkata vs. DCIT, Cir-44, Kolkata

In the result, the appeal of 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…

Ranjit Kumar Paul, Dakshin Dinajpur vs. DCIT, CC-Xxvii, Kolkata

In the result the appeals of the assessee are allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ]

…ITA No.956/Kol/2016 order dated 01.12.2017 and this tribunal dealt with this similar arguments of the ld. DR in the following paragraphs : “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 ITA Nos.1744…

Ranjit Kumar Paul, Dakshin Dinajpur vs. DCIT, CC-Xxvii, Kolkata

In the result the appeals of the assessee are allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ]

…ITA No.956/Kol/2016 order dated 01.12.2017 and this tribunal dealt with this similar arguments of the ld. DR in the following paragraphs : “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 ITA Nos.1744…

DCIT, Cir-11(2), Kolkata vs. M/S P C Chandra (Jewellers) Pvt. Ltd., Kolkata

In the result, Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2011-12 Dct, Crcle-11(2), V/S. M/S P.C. Chandra P-7, Chowringhee (Jewellers), Pvt. Ltd., Square, Kolkta-69 49C, Gaiahat Road, Kolkata-19 [Pan No.Aabcp 8654 M] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sallong Yaden, Addl. Cit-Sr-Dr अपीलाथ" क" ओर से/By Appellant Shri Ravi Tulsiyan, Fca ""यथ" क" ओर से/By Respondent 11-01-2018 सुनवाई क" तार"ख/Date Of Hearing 02-02-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-4, Kolkata Dated 06.07.2015. Assessment Was Framed By Dcit, Circle-11, Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 28.08.2013 For Assessment Year 2011-12. Revenue Has Raised Following Ground:- “1. That On The Facts & In The Circumstances Of The Assessee Ld. Cit Has Erred In Deleting The Penalty Of Rs.23,68,786/- Imposed U/S. 271(1)(C) Of The It Act. 1961. 2. That The Appellant Craves For Leave To Add, Delete Or Modify Any Of The Grounds Of Appeal Before Or All The Time Of Hearing.”

…appeal filed by the assessee before either CIT(A) or the Hon'ble ITAT, Kolkata, nor is the issue that there was lack of opportunity granted to the assessee. 2.2 The judgement of the Hon'ble Calcutta High Court in the case Dr.Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 states that "section 271 no where ITA No.1197/Kol/2015 A.Y. 2011-12 DCIT, Cir-11(2), Kol. Vs. M/s PCC(Jewellers), Pvt. Ltd. Page 4 mandates that recording of satisfaction about concealment of assessee's income must be in specific terms and words, satisfaction of AO must reflect from the order either with expressed words recorded by the Assessing…

M/S Wanderland Real Estate Pvt. Ltd., Kolkata vs. ITO, WD-6(4), Kolkata

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2008-09

…ties. The facts of the case have already been elaborated in the preceding paragraphs therefore we are not repeating the same for the sake of brevity. The Ld 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 sa…

Lalit Jalan, Kolkata vs. The ITO, WD-32(3), Kolkata

In the result the appeal of the assessee, is allowed

Bench: Shri N.V.Vasudevanand Dr.A.L. Sainiassessment Year :2010-11 Lalit Jalan, V/S. Income Tax Officer, C/O M.S Orient Ward-32(3), 10B, Distributors, 26, Middelton Row, Sharespear Sarani, Kolkata-700 071 Kolkata-700 017 [Pan No.Acxpj5133G] अपीलाथ" /Appellant ""थ"/Respondent .. अपीलाथ"की ओर से/By Appellant Shri Subash Agarwal, Advocate ""थ" की ओर से/By Respondent Shri S. Dasgupta, Addl. Cit-Dr सुनवाई की तारीख/Date Of Hearing 21-12-2017 घोषणा की तारीख/Date Of Pronouncement 17/01/2018 आदेश/O R D E R Per Dr. A.L. Saini, Accountantmember:- This Caption Appeal Filed By The Assessee, Pertaining To Assessment Year 2010-11, Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals)-9, Kolkata,Dated 18.12.2015, Which In Turn Arises Out Ofa Penalty Order Passed By The Assessing Officer Under Section 271(1)(C ) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’), Vide His Order Dated 13.09.2013. 2. In This Appeal The Assessee Has Challenged The Order Of Ld.Cit(A), Whereby The Ld.Cit(A) Confirmed The Order Of Ao Imposing Penalty On The Assessee U/S 271(1)(C) Of The Income Tax Act, 1961 (Act).

…f Suvaprasanna Bhattacharya vs ACIT in ITA No.1303/Kol/2010 dated 06.11.2015 wherein identical proposition has been followed by the Tribunal. 5. 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. Snowtex Investment Ltd., Kolkata vs. Income Tax Officer, Kolkata

In the result the appeal of the assessee, is allowed

Bench: Hon’Ble Sri N.V. Vasudevan, Jm & Dr. Arjun Lal Saini, Am] I.T.A No.1347/Kol/2016 Assessment Year : 2008-09 M/S. Snowtex Investment Ltd. -Vs.- Ito, Wd-12(3), Kolkata Kolkata [Pan : Aaecs 0334 C ] (Appellant) (Respondent) : Shri S. K. Tulsiyan, Advocate For The Appellant For The Respondent : Shri S. Dasgupta, Addl.Cit Date Of Hearing : 04.12.2017. Date Of Pronouncement : 17/01/2018 Order Per Dr. A.L. Saini, Am This Is An Appeal By The Assessee Against The Order Dated 19.04.2016 Of Cit(A)-4, Kolkata Relating To A.Y.2008-09. 2. In This Appeal, The Assessee Has Challenged The Order Of Cit(A) Whereby The Cit(A) Confirmed The Order Of Ao Imposing Penalty On The Assessee U/S 271(1)(C) Of The Income Tax Act, 1961 (Act). 3. The Facts & Circumstances Under Which Penalty U/S 271(1)(C) Of The Act Was Imposed On The Assessee Was That During The Assessment Year 2008-09, The Assessee Has Advanced Interest Free Loans To The Extent Of Rs.9,58,95,000/- & As There Had Been No Significant Repayment, The Closing Balance As On 31.03.2008 Was At Rs. 9,62,95,000/-. It Was Also Seen From The Details For A.Y. 2009-10, That There Had Been No Business Transactions Apart From Interest Free Loan Transactions. The Unsecured Loans On Which Interest Was Paid, Was Rs. 5,92,05,572/-, Which Was Much Below The Amount, Which Was Advanced By The Assessee Free Of Any Interest. Therefore, There Had Been No Justification Of Unsecured Loan Taken During The Year. Therefore, Whole Sum Of Interest Paid Of Rs. 62,84,112/- Was Disallowed. The Cit(A) Restricted The M/S. Snowtex Investment Ltd.

…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 M/s. Snowtex Investment Ltd. I.T.A No.1347/Kol/2016 Assessment Year : 2008-09 4 from the order either with expressed words recorded by the AO or by his ov…

Mr Vijay Kumar Shaw, Kolkata vs. ITO, WD-25(2), Kolkata

In the result the appeal of the assessee, is allowed

Bench: Shri N.V.Vasudevanand Dr.A.L. Sainiassessment Year :2006-07 Mr. Vijay Kumar Shaw V/S. Income Tax Officer, 88, Brijee Road, Garia Ward-25(2), Ayakar Kolkata-700 068 Bhawan, Dakshin, 2 [Pan No.Ambps 1819 A] Gariahat Road (South), Kolkata-68 अपीलाथ" /Appellant ""थ"/Respondent .. अपीलाथ"की ओर से/By Appellant Shri D. Chakraborty, Fca ""थ" की ओर से/By Respondent Shri S. Dasgupta, Addl. Cit-Dr सुनवाई की तारीख/Date Of Hearing 18-12-2017 घोषणा की तारीख/Date Of Pronouncement 17-01-2018 आदेश/O R D E R Per Dr. A.L. Saini:- This Caption Appeal Filed By The Assessee, Pertaining To Assessment Year 2006-07, Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals)-7,Dated 08.05.2015, Which In Turn Arises Out Of A Penalty Order Passed By The Assessing Officer Under Section 271 (1) (C )Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Vide His Order Dated 30.10.2013. 2. In This Appeal The Assessee Has Challenged The Order Of Ld.Cit(A) Whereby The Ld.Cit(A) Confirmed The Order Of Ao Imposing Penalty On The Assessee U/S 271(1)(C) Of The Income Tax Act, 1961 (Act).

…f Suvaprasanna Bhattacharya vs ACIT in ITA No.1303/Kol/2010 dated 06.11.2015 wherein identical proposition has been followed by the Tribunal. 5. 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-4(1), Kolkata vs. M/S Bandhan Financial Services Pvt. Ltd., Kolkata

In the result, the appeal of the Revenue is dismissed

Bench: Shri N.V.Vasudevan & Dr.A.L. Sainiassessment Year :2010-11 Dcit, Central Circle- V/S. M/S Bandhan Financial 4(1), Services Pvt. Ltd., 17/30, Aayakarbhavanpoorva, Dakshindari Road, Lake 110, Shanti Palli, E.M. Town, Kolkat-48 By Pass, 4Th Floor, [Pan No.Aabcg 0611 R] Kolkata-107 अपीलाथ" /Appellant ""थ"/Respondent .. अपीलाथ"की ओर से/By Appellant Shri S. Dasgupta, Addl. Cit-Dr ""थ" की ओर से/By Respondent Shri Shikha Agarwal, Aca सुनवाई की तारीख/Date Of Hearing 11-12-2017 घोषणा की तारीख/Date Of Pronouncement 17/01/2018 आदेश/O R D E R Per Dr. A.L. Saini:- This Caption Appeal Filed By The Revenue, Pertaining To Assessment Year 2010-11, Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals)-4, Dated 07.08.2015, Which In Turn Arises Out Of A Penalty Order Passed By The Assessing Officer Under Section 271(1) (C ) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Vide His Order Dated 26.09.2013. 2. In This Appeal, The Revenue Has Challenged The Order Of Ld.Cit(A) Whereby The Ld.Cit(A) Deleted The Order Of Ao Imposing Penalty On The Assessee U/S 271(1)(C) Of The Income Tax Act, 1961 (Act).

…f Suvaprasanna Bhattacharya vs ACIT in ITA No.1303/Kol/2010 dated 06.11.2015 wherein identical proposition has been followed by the Tribunal. 6. 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 Baba Lokenath Rice Mill, Kolkata vs. DCIT, CC-Xxvii, Kolkata

In the result the appeal of the assessee is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 1746/Kol/2016 Assessment Year : 2010-11 M/S Baba Loknath Rice Mill -Vs- Dcit, Cc-Xxvii, Kolkata [Pan: Aacf 8831 C] (Appellant) (Respondent)

…a Loknath Rice Mill A.Yr.2010-11 01.12.2017 and this tribunal dealt with this similar arguments of the ld. DR in the following paragraphs : “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 Swarn Ganga Gold Traders Pvt. Ltd., Kolkata vs. ITO, Ward-3(2), Kolkata

In the result the appeals of the assessee are allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am] I.T.A Nos. 1722 To 1724/Kol/2016 Assessment Years : 2006-07 To 2008-09

…CIT in ITA No.956/Kol/2016 order dated 01.12.2017 and this tribunal dealt with similar arguments of the ld. DR in the following paragraphs : “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 Swarn Ganga Gold Traders Pvt. Ltd., Kolkata vs. ITO, Ward-3(2), Kolkata

In the result the appeals of the assessee are allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am] I.T.A Nos. 1722 To 1724/Kol/2016 Assessment Years : 2006-07 To 2008-09

…CIT in ITA No.956/Kol/2016 order dated 01.12.2017 and this tribunal dealt with similar arguments of the ld. DR in the following paragraphs : “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 Swarn Ganga Gold Traders Pvt. Ltd., Kolkata vs. ITO, Ward-3(2), Kolkata

In the result the appeals of the assessee are allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am] I.T.A Nos. 1722 To 1724/Kol/2016 Assessment Years : 2006-07 To 2008-09

…CIT in ITA No.956/Kol/2016 order dated 01.12.2017 and this tribunal dealt with similar arguments of the ld. DR in the following paragraphs : “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 Amit Kumar Gope, Kolkata vs. DCIT, Circle-25, Kolkata

In the result the appeal of the assessee is allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2011-12

…T in ITA No.956/Kol/2016 order dated 01.12.2017 and this tribunal dealt with this similar arguments of the ld. DR in the following manner : “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…

Safiul Mallick, Kolkata vs. ACIT, Circle-27, Haldia, Purba Medinipur

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

…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…

Octagon Enterprises (P) Ltd., Kolkata vs. The DCIT, Cir-2(2), Kolkata

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

…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…

Yadram Agarwal, Kolkata vs. ITO, WD-49(4), Kolkata

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

…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…

Bijay Kumar Shaw, Kolkata vs. ITO, WD-51(3), Kolkata

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

…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…

M/S Akshay Kumar Ghosh & Sons, Kolkata vs. ITO, WD-34(2), Kolkata

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

…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…

DCIT, Cir-10(1), Kolkata vs. M/S Jalan Carbons & Chemicals (P) Ltd., Kolkata

In the result, appeal of the revenue is 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]

…taken up the matter with the AO during penalty proceedings and get it clarified. Therefore, according to the Ld. DR, there is no question of invalidity of the notice. He, therefore, relied on the following decisions: i) Dr. Syamal Baran Mondal Vs. CIT (2011) 244 CTR 631 (Cal), ii) Jaysons Infrastructure India Private Ltd. Vs. ITO TS 5873 ITAT 2017 (Bangalore), iii) Trishul Enterprises Vs. DCIT ITA Nos. 384 * 385/Mum/2014 for AYs. 2006-07 & 2007-08 dt. 10.02.2017, iv) M/s. Maharaj Garage & Co. Vs. CIT judgment dated 22.08.2017, v) Earthmoving Equipment Service Corporation Vs. DCIT (2017) 84 taxmann.com 51 and vi)…