JOSEPH SYNGKLI,NONGPOH vs. INCOME TAX OFFICER, WARD-1, SHILLONG

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

68,00,000/- is the Total Fixed Deposit which is Booked during the whole year in my HDFC A/C No. 22661530002291 (Refer Page No. 174- 204) a. 20-06-2016 Rs. 20,00,000/- Redeemed b. 22-06-2016 Rs. 15,00,000/- FD Booked c. 22-08-2016 Rs. 15,00,000/- Redeemed

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - AGARTALA , AGARTALA vs. SHRI SUBHAJIT PAUL, AGARTALA

In the result, cross-objection nos

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.116/Gau/2018 ("नधा"रणवष" / Assessment Year:2014-15)

68,760 ….do…. 11 ….do... …do…. 11- 21,25,81,959 ….do…. 12 ….do... …do…. 12- 33,70,10,742 ….do…. 13 ….do... …do…. 13- 27,25,50,393 ….do…. 14 ….do... …do…. 14- 20,70,87,907 ….do…. 15 Subhajit Paul AZNPP5539K

DEPUTY COMMISSIONER OF INCOME TAX. CIRCLE-AGARTALA, AGARTALA vs. SHRI SATYAJIT SAHA, AGARTALA

Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 250 of Income Tax Act, 1961 (hereafter “the Act”) passed by the Ld. Commissioner of Income Tax (Appeals), Shillong [hereafter “the Ld. CIT(A)”], dated 18.02.2019. 2.1 In this case, there are basically two additions which relate to the grievance of the Revenue. The first pertains to an addition of Rs. 60,81,948/- on the ground

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 4, GUWAHATI vs. M/S. A. T. C. REALTORS PVT. LTD., GUWAHATI

In the result, both the appeals of the Revenue are dismissed

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Aayakr Apila Sam./ Ita No. 169/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2012-13) Aayakr Apila Sam./ Ita No. 170/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2013-14) Dy. Commissioner Of Income-Tax, M/S Atc Realtors Pvt. Ltd. Circle-4, Aayakar Bhwawan, 5Th C/O. Atc Assam Ltd, Kedar Vs. Floor, Christanbasti, G.S. Road, Road, Machkhowa, Guwahati-781005 Guwahati-781001 (Apilaaqai- / Appellant) .. (P`%Yaqaai- / Respondent) स्थायी ऱेखा सं./Pan No. Aagca5209A

81,078/- under the head "Business". In course of assessment proceedings, the Ld. Assessing Officer misconstrued the provision of section 22 of the Income Tax Act, 1961 and conceived that the assessee have earned the rental income as an owner and is accordingly liable to be assessed under the head "House Property". The Ld. Assessing Officer was apprised

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 4, GUWAHATI vs. M/S. A. T. C. REALTORS PVT. LTD., GUWAHATI

In the result, both the appeals of the Revenue are dismissed

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Aayakr Apila Sam./ Ita No. 169/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2012-13) Aayakr Apila Sam./ Ita No. 170/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2013-14) Dy. Commissioner Of Income-Tax, M/S Atc Realtors Pvt. Ltd. Circle-4, Aayakar Bhwawan, 5Th C/O. Atc Assam Ltd, Kedar Vs. Floor, Christanbasti, G.S. Road, Road, Machkhowa, Guwahati-781005 Guwahati-781001 (Apilaaqai- / Appellant) .. (P`%Yaqaai- / Respondent) स्थायी ऱेखा सं./Pan No. Aagca5209A

81,078/- under the head "Business". In course of assessment proceedings, the Ld. Assessing Officer misconstrued the provision of section 22 of the Income Tax Act, 1961 and conceived that the assessee have earned the rental income as an owner and is accordingly liable to be assessed under the head "House Property". The Ld. Assessing Officer was apprised

SOTAI TEA COMPANY PVT. LTD.,SOTAI, JORHAT, ASSAM vs. INCOME TAX OFFICER, WARD-4, JORHAT, JORHAT

Bench: SHRI DUVVURU RL REDDY, VICE PRESIDENT SHRI LAXMI PRASAD SAHU (Accountant Member)

Section 143(1) of the Act was issued on 22.08.2007, the same was passed in a mechanical and cryptic manner, without disclosing any computation, basis, or reasoning for the tax demand of Rs. 3,81,930/- (Rupees Three Lakhs Eighty One Thousand Nine Hundred and Thirty Only), thereby rendering the said intimation arbitrary, devoid of due process

LAXMI NARAYAN PACKAGING INDUSTRIES,GUWAHATI vs. THE INCOME TAX OFFICER, WARD - 2(1), GUWAHATI, GUWAHATI

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Sri Duvvuru Rl Reddy(Kz) & Sri Rakesh Mishra

81,22,868/- which was earlier valued at Rs. 1,12,77,092/- during physical verification of stock and acknowledged by the Plant Head. The Ld. AO required the assessee to explain the difference of Rs. 1,68,45,776/- between the valuation done at the time of survey and the closing stock estimated on the basis of recast trading

M/S. EVEREST INFRA ENERGY LTD.,NAHARLAGUN vs. JOINT COMMISSIONER OF INCOME TAX, RANGE - TEZPUR, TEZPUR

In the result, appeal of the assessee is dismissed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 187/Gty/2018 Assessment Year: 2012-13 M/S. Everest Infra Energy Limited Joint Commissioner Of Income A- Sector, Vs Tax, Tezpur C/O Everest Engineering House Naharlagun - 791110 Pan : Aabce7178B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Purushotam Gaggar, Fca Revenue By : Shri P.S. Thuingaleng, Acit सुनवाई क" तारीख/Date Of Hearing : 26/07/2022 घोषणा क" तारीख /Date Of Pronouncement: 27/09/2022 आदेश/O R D E R Per Dr. Manish Borad, Am : The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 1, Guwahati (Hereinafter The “Ld. Cit(A)”) Dt. 27/04/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Is A Limited Company Engaged In Construction & Installation Work. Loss Of Rs.20,84,81,814/- Declared In The Return Of Income Filed For The Assessment Year 2012-13. After The Case Being Selected For Scrutiny Under Cass & Serving Notice U/S 143(2) & 142(1) Of The Act, Various Details Were Called For & After Considering The Submissions Of The Assessee, The Ld. Assessing Officer Assessed Loss Income At Rs.13,68,94,750/- After Making Certain Disallowances/Additions. The Assessee Challenged The Addition Before The Ld. Cit(A) & Partly Succeeded & Now The Assessee Is In Appeal Before The Tribunal Raising The Sole Issue Challenging The Ld. Cit(A)’S Finding Confirming The Addition

81,814/- declared in the return of income filed for the Assessment Year 2012-13. After the case being selected for scrutiny under CASS and serving notice u/s 143(2) & 142(1) of the Act, various details were called for and after considering the submissions of the assessee, the ld. Assessing Officer assessed loss income at Rs.13,68

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. PAWAN CEMENT COMPANY PRIVATE LIMITED, GUWAHATI

In the result, both the appeals filed by the Revenue for AY

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

68 of the Act. We observe that the assessee company is regularly filing income tax returns. For AY 2011-12 return was filed u/s 139(1) of the Act on 27.09.2011. No notice was issued u/s 143(2) of the Act within the statutory time limit. Search was conducted in the case of the assessee company on 31.08.2016. Undisputedly

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. PAWAN CEMENT COMPANY PRIVATE LIMITED, GUWAHATI

In the result, both the appeals filed by the Revenue for AY

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

68 of the Act. We observe that the assessee company is regularly filing income tax returns. For AY 2011-12 return was filed u/s 139(1) of the Act on 27.09.2011. No notice was issued u/s 143(2) of the Act within the statutory time limit. Search was conducted in the case of the assessee company on 31.08.2016. Undisputedly

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 153A of the Act for the AY 2017-18, AY 2018-19 and AY 2019-20, shall be treated as the Returns of Income filed u/s 139(1). (ii) That, the Audit Reports in Form-10CCB [as referred u/s Section 80-IA(7) of the Act] which were furnished by the Assessee within the time limit

ABCI INFRASTRUCTURES PRIVATE LIMITED,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 153A of the Act for the AY 2017-18, AY 2018-19 and AY 2019-20, shall be treated as the Returns of Income filed u/s 139(1). (ii) That, the Audit Reports in Form-10CCB [as referred u/s Section 80-IA(7) of the Act] which were furnished by the Assessee within the time limit

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 153A of the Act for the AY 2017-18, AY 2018-19 and AY 2019-20, shall be treated as the Returns of Income filed u/s 139(1). (ii) That, the Audit Reports in Form-10CCB [as referred u/s Section 80-IA(7) of the Act] which were furnished by the Assessee within the time limit

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 153A of the Act for the AY 2017-18, AY 2018-19 and AY 2019-20, shall be treated as the Returns of Income filed u/s 139(1). (ii) That, the Audit Reports in Form-10CCB [as referred u/s Section 80-IA(7) of the Act] which were furnished by the Assessee within the time limit

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 153A of the Act for the AY 2017-18, AY 2018-19 and AY 2019-20, shall be treated as the Returns of Income filed u/s 139(1). (ii) That, the Audit Reports in Form-10CCB [as referred u/s Section 80-IA(7) of the Act] which were furnished by the Assessee within the time limit

NORTH EAST HIRE PURCHASE COMPANY (INDIA) PVT.LTD.,GUWAHATI vs. ITO WARD 1(2), GUWAHATI

Appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI MANOMOHAN DAS (Judicial Member)

68 of the Act. In the appellate proceedings, the addition was confirmed by the CIT(A). 4. After hearing the rival contentions and perusing the material available on record, we find that in this case the notice u/s 148A(b) of the Act was issued on 17.03.2022 mentioning therein that as per information available with the department the assessee

M/S. ASSAM TEA CORPORATION LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

The appeals are allowed for statistical purposes

Bench: Sri Rajpal Yadav & Sri Girish Agrawal

81,682 4 31.03.2007 105,93,25,728 5 31.03.2008 113,71,78,703 6 31.03.2009 124,10,35,109 7 31.03.2010 130,32,47,966 8 31.03.2011 136,01,89,749 9 31.03.2012 141,38,93,166 4.1 Despite showing high amount as sundry creditors in its Balance Sheet over the years, the assessee has not even furnished details

M/S. ASSAM TEA CORPORATION LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

The appeals are allowed for statistical purposes

Bench: Sri Rajpal Yadav & Sri Girish Agrawal

81,682 4 31.03.2007 105,93,25,728 5 31.03.2008 113,71,78,703 6 31.03.2009 124,10,35,109 7 31.03.2010 130,32,47,966 8 31.03.2011 136,01,89,749 9 31.03.2012 141,38,93,166 4.1 Despite showing high amount as sundry creditors in its Balance Sheet over the years, the assessee has not even furnished details