“investigation wing”

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]

Further, it was noted by the AO that the earning in the said scrips has been reported as suspicious by Investigation Wing and accordingly the case of the assessee was selected for scrutiny. On the basis of documents submitted during the course of assessment proceedings and the data available ... that the additions made by the AO were merely on the basis of suspicion and surmise, which resulted from purported generalized information received from Investigation Wing. In this regard, ld AR placed reliance on following judicial pronouncements wherein it was stated that addition cannot be made merely on the basis

Santosh Suresh Kumar Agarwal, Kolkata vs. ACIT, Circle - 36, Kolkata

In the result this issue is decided in favour of the assessee

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2011-12 Santosh Suresh Kumar Agarwal...........…………….………………………………………..……….……..Appellant C/O M.C. Jagwayan & Co. 46, Kali Krishna Tagore Street 2Nd Floor Kolkata – 700 007 [Pan : Adhpa 0744 M] Assistant Commissioner Of Income Tax, Circle-36, Kolkata......…........……….…..……...Respondent Appearances By: Shri Nitin Jagwayan, Fca, Appeared On Behalf Of The Assessee. Shri Sital Chandra Das, Addl. Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : August 28Th, 2018 Date Of Pronouncing The Order : September 5Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Is An Appeal Filed By The Assessee Directed Against The Order Of The Commissioner Of Income Tax (Appeals) - 10 Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 01/03/2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2014-15. 2. The Sole Issue That Arises For My Consideration Is The Disallowance Of Rs.11 Lakhs, Made By The Assessing Officer In Respect Of A Donation Of Rs.11 Lakhs Made By The Assessee To “The School Of Human Genetics & Population Health”, An Institute Approved By The Central Government Vide Notification No. 4/2010 Dated 28Th January, 2009. The Assessing Officer As Well As The Ld. Cit(A), Did Not Allow This Claim Of The Assessee For The Various Reasons Given At Pages 24 To 31 Of The Ld. Cit(A)’S Order. The Reasons Given By The Revenue Authorities In This Case Is The Same As In The Case Of The Narbheram Vishram Vs. Dcit In Ita No. 42 & 43/Kol/2018; Assessment Year 2013-14 & 2014-15, Orderdt. 27/07/2018

deduction claimed by the assessee was denied by the Assessing Officer on the basis of the allegations contained in the report of the Investigation Wing of Kolkata that the said donations were bogus. The reasons stated therein, in short, were that statements of some key persons of these two donee ... various amounts donated to these two institutions. We note that in the statements, of key persons and alleged brokers recorded by the Investigation Wing in course of survey proceedings, in their cases and the extracts of which was provided to the assessee in the show cause notice, the name

ITO, Ward-12(3), Kolkata vs. M/S Splendour Villa Makers Pvt. Ltd., Kolkata

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1768/Kol/2016 Assessment Year : 2012-13 Ito, Ward-12(3), Kolkata -Vs- M/S Splendour Villa Makers Pvt. Ltd. [Pan: Aahcs 9726 M] (Appellant) (Respondent)

same. This would be apparent from the observations of the Assessing Officer in the assessment order to the following effect:- ''Investigation made by the Investigation Wing of the department clearly showed that this was nothing but a sham transaction of accommodation entry. The assessee was asked to explain ... been duly considered and found not acceptable. This entry remains unexplained in the hands of the assessee as has been arrived by the Investigation wing of the department. As such entries of Rs.5~50/000/- received by the assessee are treated as an unexplained cash credit in the hands

ITO, WD-5(2), Kolkata vs. M/S Sayaji Marketing Pvt. Ltd., Kolkata

In the result we set aside the order of the Ld

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 282/Kol/2014 Assessment Year : 2010-11 Ito, Ward-5(2), Kolkata -Vs- M/S Sayaji Marketing Pvt. Ltd. [Pan: Aagcs 0147 M] (Appellant) (Respondent) C.O. No. 39/Kol/2018 (Arising Out Of I.T.A No. 282/Kol/2014) Assessment Year : 2010-11 M/S Sayaji Marketing Pvt. Ltd. -Vs- Ito, Ward-5(2), Kolkata [Pan: Aagcs 0147 M] (Cross Objector) (Respondent)

compliance with the rules of natural justice. Out of the 22 companies whose names figured in the information given by them to the investigation wing, 15 companies had provided the so- called ""share subscription monies" to the assessee. There was thus specific involvement of the assesee- company in the modus ... given by it, and without reference to evidences in the form of statement recorded from Shri S.K. Jain or the material seized by the investigation wing to the extent used against the assessee, we hold that the assessee has not discharged the burden of proof that