M/S. BENGAL OMNITECH NIRMAN LTD.,KOLKATA vs. A.C.I.T./I.T.O., WARD - 8(1), KOLKATA , KOLKATA
In the result, the appeal of the assessee is allowed
ITA 1551/KOL/2024[2018-2019]Status: DisposedITAT Kolkata02 Dec 2025AY 2018-2019
Bench: Shri Rajesh Kumar, Am\Nand\Nshripradip Kumar Choubey, Jm\Nita No.1551/Kol/2024\N(Assessment Year:2018-19)\Nm/S Bengal Omnitech Nirman Ltd.\N30, Chowringhee Road,\Nchowranghee Mansion,\Npark Street, Kolkata-700016\Nwest Bengal\N(Appellant)\Nvs.\Nacit/ Ito, Ward 8(1), Kolkata\Naaykar Bhawan, P-7,\Nchowringhee Square,\Nkolkata-700069, West Bengal\N(Respondent)\Npan No. Aaccb1063F\Nassessee By\N: S/Shri S.M. Surana &\Nsunil Surana, Ars\Nrevenue By\N: Shri Pankaj Pandey, Dr\Ndate Of Hearing:\N13.11.2025\Ndate Of Pronouncement:\N02.12.2025\Norder\Nper Rajesh Kumar, Am:\Nthis Is An Appeal Preferred By The Assessee Against The Order Of\Nthe National Faceless Appeal Centre, Delhi (Hereinafter Referred To As\Nthe “Ld. Cit(A)"] Dated 21.05.2024 For The Ay 2018-19.\Nthe Issue Raised In Ground No.1 Is Against The Confirmation Of\Naddition Of ₹1,50,00,000/- By The Id. Cit (A) As Made By The Id. Ao\Nby Disallowing The Business Loss Claimed By The Assessee.\N2.
Section 36(1)(vii)
…rected to delete the addition. Before parting\nwe would like to mention that these is a Revenue neutral addition as\nthe closing stock of one year becomes the opening stock of the next\nyear as has been in the case of V.K.J Builders and Contractors Pvt.\nItd. 318 ITR 204 (SC). Further, when there is no revenue effect the\nmater and the addition is revenue neutral, no addition should be\nmade and should not be disputed by revenue as has been held in the\ncase of CIT vs. Excel Industries Ltd. [2013] 358 ITR 295 (SC)/[2013]\n262 CTR 261 (SC)[08-10-2013].\n6. 3. Considering the above facts and circumstances and also…