M/S. SHEO SHAKTI COKE INDUSTRIES vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 37, KOLKATA

In the result, the writ petition is dismissed

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowed the claim for exemption on the sole ground that the purchasing dealer namely the writ petitioner did not manufacture the jewellery in the State of West Bengal but had manufactured the same at Coimbatore in Tamil Nadu state. The bank preferred appeal before the First Appellate Authority which was dismissed by the order dated 16.11.2017. Aggrieved by such order

PRINCIPAL COMMISSIONER OF INCOME TAX-3, KOLKATA vs. M/S. EIH LTD

In the result, the appeal filed by the revenue is

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance under Section 40(a)(i) of Rs.3,37,48,429/- paid as commission to non residents by ignoring the fact that such commission are subject to tax in India under Section 9(1

COMMISSIONER OF INCOME TAX 14 KOLKATA vs. RAMESH CHAND GUPTA

In the result, the appeal filed by the revenue is

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance under Section 40(a)(i) of Rs.3,37,48,429/- paid as commission to non residents by ignoring the fact that such commission are subject to tax in India under Section 9(1

PRINCIPAL COMMISSIONER OF INCOME TAX-5,KOKATA vs. M/S. L.G.W. LTD

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : August 12, 2022 Appearance : Ms. Smita Das De, Adv. ….For Appellant Mr. J.P. Khaitan, Sr. Adv. Mr. Ananda Sen, Adv. …For Respondent The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act, For Brevity) Is Directed Against The Order Of The Income Tax Appellate Tribunal “C” Bench, Kolkata (Tribunal) Dated 5Th October, 2018 In I.T.A. No.1786/Kol/2016 For The Assessment Year 2012-13. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration: - A) Whether On The Facts & In The Circumstances Of The Case, The Tribunal Has Misinterpreted Section 194C, More Particularly 194C (7) Of The Income Tax Act, 1961 Read With Rule 31A Of The Income

disallowance under Section 40(a)(ia) read with Section 194C of the Act" 10. In the instant case also, as detailed above, the assessee company has not deducted the TDS of payment made to the transporters as per sub-section(6) of section 194(c). However, the details of the transporters have been filled-in in the TDS return, wherein

NAGREEKA EXPORTS LIMITED vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-6, KOLKATA & ORS.

The Appeal is dismissed

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 27Th February 2024. Appearance: Mr. Ranjeet Kr. Murarka, Advocate Mr. S.D. Verma, Advocate Mr. Ananda Sen, Advocate Mr. Vivek Murarka, Advocate … For The Appellant. Mr. S. Roychowdhury, Advocate Mr. Soumen Bhattacharjee, Advocate … For The Respondents 1. Heard Sri Ranjeet Murarka, Learned Counsel For The Appellant Assessee & Sri S. Roychowdhury, Learned Senior Standing Counsel For The Respondents. 2. This Appeal Was Admitted By This Court By Order Dated 04.02.2010, On The Following Substantial Questions Of Law:- “I. Whether On The Facts & Circumstances Of The Case The Order Of The Tribunal Is Erroneous As Being Perverse In Reversing The Order Of

1) of the Act as was in the present case? II. Whether on the facts and in the circumstances of the order of the Tribunal was erroneous in not properly appreciating the decision of the Hon'ble Supreme Court in RE: Ramaraji Surgical Cotton Mills, (294 ITR 328) a later decision of the Hon'ble Supreme Court and specifically referred

PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA vs. EXIDE INDUSTRIES LIMITED

Bench: : The Hon’Ble Justice T.S. Sivagnanam A N D The Hon’Ble Justice Supratim Bhattacharya Date : 22Nd September, 2022. Appearance: Mr. Tilak Mitra, Adv. ...For The Appellant Mr. J.P. Khaitan, Sr. Adv. Mrs. Nilanjana Banerjee Pal, Adv. …For The Respondent The Court:- This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (‘The Act’ For Brevity) Is Directed Against The Order Dated June 15, 2016 Passed By The Income Tax Appellate Tribunal, “C” Bench, Kolkata (In Short The ‘Tribunal’) In M.A. No. 38/Kol/2016 Arising Out Of I.T.A. No. 1414/Kol/2007 For The Assessment Year 2004-2005. The Appeal Was Admitted To Decide The Following Substantial Question Of Law:- “……………..….The Legal Issue That Arises Is Since The Initial Contribution Is Permitted To Be Deducted From The Income & Annual Contribution To A Pension Fund May Also Be Deducted From The Income Of The Employer, Would An Ad Hoc Or Lump Sum Interim Contribution, In Such Circumstances, Be Also Eligible For Deduction. ………………”

disallowance of a sum of Rs.9,14,70,000/- being contribution to the approved pension fund. The deduction scheme of the respondent/assessee was rejected by the Assessing Officer and the ground that the allowability of deduction towards contribution to superannuation fund is governed by Section 36(1)(iv) of the Act read with Rules 87 and 88 of the Income

COMM OF INCOME TAX(EXEMPTION), KOLKATA vs. NATIONAL AGRICULTURAL AND SCIENTIFIC RESEARCH FOUNDATION

Bench: : The Hon’Ble Justice T.S. Sivagnanam A N D The Hon’Ble Justice Supratim Bhattacharya Date : 22Nd September, 2022. Appearance: Mr. Tilak Mitra, Adv. ...For The Appellant Mr. J.P. Khaitan, Sr. Adv. Mrs. Nilanjana Banerjee Pal, Adv. …For The Respondent The Court:- This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (‘The Act’ For Brevity) Is Directed Against The Order Dated June 15, 2016 Passed By The Income Tax Appellate Tribunal, “C” Bench, Kolkata (In Short The ‘Tribunal’) In M.A. No. 38/Kol/2016 Arising Out Of I.T.A. No. 1414/Kol/2007 For The Assessment Year 2004-2005. The Appeal Was Admitted To Decide The Following Substantial Question Of Law:- “……………..….The Legal Issue That Arises Is Since The Initial Contribution Is Permitted To Be Deducted From The Income & Annual Contribution To A Pension Fund May Also Be Deducted From The Income Of The Employer, Would An Ad Hoc Or Lump Sum Interim Contribution, In Such Circumstances, Be Also Eligible For Deduction. ………………”

disallowance of a sum of Rs.9,14,70,000/- being contribution to the approved pension fund. The deduction scheme of the respondent/assessee was rejected by the Assessing Officer and the ground that the allowability of deduction towards contribution to superannuation fund is governed by Section 36(1)(iv) of the Act read with Rules 87 and 88 of the Income

PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA vs. POOJA JHUNJHUNWALA

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital

PRINCIPAL COMMISSIONER OF INCOME TAX-15, KOLKATA vs. SMT. BABITA AGARWAL

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital

PRINCIPAL COMMISSIONER OF INCOME TAX-18, KOLKATA vs. SRI VIKASH GOEL

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital

PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL -1, KOLKATA vs. SURAJ SAHANA

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital

PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA vs. AAYUSH JHUNJHUNWALA

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital

PRINCIPAL COMMISSIONER OF INCOME TAX-12, KOLKATA vs. MUKTA AGARWAL

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital

PRINCIPAL COMMISSIONER OF INCOME TAX, SILIGURI vs. SRI SATYA NARAYAN SARIA

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital

PR CIT 9, KOLKATA vs. MANISHA TIKMANI

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital

PRINCIPAL COMMISSIONER OF INCOME TAX ,BURDWAN vs. BIJAYA TAH

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital

PRINCIPAL COMMISSIONER OF INCOME TAX-SILIGURI vs. SHEKHAR AGARWAL

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital

PRINCIPAL COMMISSIONER OF INCOME TAX vs. MUKESH SARAOGI (HUF)

In the result, these appeals are allowed and the substantial

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

disallowance of commission of Rs. 14,118/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the behest of the assessee overlooking the fact that the entire transaction were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious Long Term Capital