N C SHAW AND CO BEVERAGES PRIVATE LIMITED ,KOLKATA vs. INCOME TAX OFFICER, TDS CIRCLE 2(2), KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

TDS u/s 194H of the Act without appreciating that the appellant was engaged in selling liquor to its distributors on a principal-to-principal basis, and the trade discount under various schemes aggregating to INR 10,26,18,968/- could not partake the character of ‘commission’ or ‘brokerage’ for the purpose of Section 194H of the Act and Ground

DCIT, CC-2(3), KOLKATA, AAYAKAR BHAWAN POORVA vs. MAXCAB INDUSTRIES PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Dcit, Central Circle-2(3), Maxcab Industries Pvt. Ltd. 4Th Floor, 110 Shantipally, 67/C, Balaram Dey Street, E.M. Bypass, Vs. West Bengal-700006 West Bengal-700107 (Appellant) (Respondent) Pan No. Aancm1997Q Assessee By : Shri Soumitra Choudhury & Ms. Nandini Surekh, Shri Pranabesh Sarkar, Ars Revenue By : Praveen Kishore, Dr Date Of Hearing: 04.09.2025 Date Of Pronouncement: 16.10.2025

133A of the Act, 1961 on 15.03.2022 and subsequent dates, at the office premises of "Goel Group of cases' at "Unit No. 12/4, Rajdanga Main Road, Kolkata - 700 107 and other places as well as at the residential premises of its Directors namely, Devendra Goel, Devash Goel, Purushottam Dass Goel and Key Persons connected with this group. Vide notice dated

M/S. HOOGHLY DISTRICT CENTRAL CO-OPERATIVE BANK LTD.,HOOGHLY vs. D.C.I.T., CIRCLE - 23(), HOOGHLY, HOOGHLY

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

section 133A(2A) of the Income Tax Act was carried out in the Office premises of the assessee on 12.10.2017 for verification of TDS

M/S. HOOGHLY DISTRICT CENTRAL CO-OPERATIVE BANK LTD.,HOOGHLY vs. D.C.I.T., CIRCLE - 23(), HOOGHLY, HOOGHLY

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

section 133A(2A) of the Income Tax Act was carried out in the Office premises of the assessee on 12.10.2017 for verification of TDS

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

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

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

133A of the Act, but a retracted statement even under section 132(4) of the Act would require some corroborative material for the AO to proceed to make additions on the basis of such statement. 12.2 In the case of “Basant Bansal vs. ACIT” reported in (2015)63 taxmann.com 199 (Jaipur Trib.), the assessee therein, during the search and seizure

DEPUTY COMMISSOENR OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

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

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

133A of the Act, but a retracted statement even under section 132(4) of the Act would require some corroborative material for the AO to proceed to make additions on the basis of such statement. 12.2 In the case of “Basant Bansal vs. ACIT” reported in (2015)63 taxmann.com 199 (Jaipur Trib.), the assessee therein, during the search and seizure

KRYPTON DISTRIBUTORS LLP (EARLIER KNOWN AS KRYPTON DISTRIBUTORS PVT. LTD.,),KOLKATA vs. ITO, WARD 12(1),, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Krypton Distributors Llp (Earlier Known As Krypton Ito, Ward 12(1), Distributors P. Ltd.) Aaykar Bhawan, P-7, Flat No.1A, 1, Abdul Rasul Chowringhee Square, Vs. Avenue, Kalighat, Kolkata-700069, West Bengal Kolkata-700026, West Bengal (Appellant) (Respondent) Pan No. Aadck5298G Assessee By : Shri Manoj Katuruka, Ar Revenue By : Shri Pankaj Pandey, Dr Date Of Hearing: 13.11.2025 Date Of Pronouncement: 02.12.2025

TDS of ₹45,962/- deducted and net amount of ₹41,3,654/- was credited into the bank account of the assessee. In this background, now the issue before us is whether the sales consideration received by the assessee for 40 lacs 2% non-cumulative redeemable preference of M/s Easter (India) Chemicals Ltd. is genuine or liable to be added

SHANKAR ROADWAYS,BURDWAN vs. ACIT, CEN. CIR. 1(4), KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

133A of the Act was carried out on 28.02.2018. Consequently, the case was selected for scrutiny and the assessment was completed u/s. 143(3) of the Act, for the assessment year 2019-20 on 25.09.2021 at an assessed income of Rs.75,35,353/-. Thereafter, the Ld. Pr. CIT exercising his revisionary jurisdiction u/s. I.T.A. No.703/Kol/2024 Assessment Year: 2019-20 Shankar

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), KOLKATA, AAYAKAR BHAWAN POORVA vs. DAILMER INDUSTRIES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dy. Commissioner Of Income Dailmer Industries Private Tax, Central Circle-2(3), Limited 4Th Floor, Room No. 403, 67/C, Balaram Dey Street, Vs. Kolkata-700107, West Bengal Kolkata-700006, West Bengal (Appellant) (Respondent) Pan No. Aabcd0836D Assessee By : S/Shri Soumitra Choudhury & Nirav Sheth, Ars Revenue By : Shri Raja Sengupta, Dr Date Of Hearing: 20.05.2025 Date Of Pronouncement: 25.07.2025

133A of the Act, 1961 on 15.03.2022 and subsequent dates, at the office premises of "Goel Group of cases' at "Unit No. 12/4, Rajdanga Main Road, Kolkata - 700 107 and other places as well as at the residential premises of its Directors namely, Devendra Goel, Devash Goel, Purushottam Dass Goel and Key Persons connected with this group. Vide notice dated

SUPER IRON FOUNDRY,KOLKATA vs. ACIT, CIR. 36, KOLKATA

In the result, the appeal of assessee allowed

Bench: Shri Rajpal Yadav(Kz)& Shri Rajesh Kumar]

TDS certificate , bank statement and assessment order for AY 2014-15 of the lender. The ld CIT(A) partly allowed the appeal of the assesse to the tune of Rs. 47,00,000/- on account of uncleared cheques by the lender so the addition sustained by the ld CIT(A) was to the tune

A.C.I.T., CIRCLE-33, KOLKATA vs. M/S SREELEATHERS , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

TDS deduction. According to Ld. CIT(A), the business sense of extending such loan to a brand like Sreeleathers/assessee cannot be ignored. The Ld. CIT(A) notes that he has taken note of the replies given by the lender companies pursuant to the notice u/s 133(6) of the Act which were duly served upon them and from the replies

DCIT,CIR-43,KOL, KOLKATA vs. S.K.AGARWALA & CO, KOLKATA

In the result both the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

133A of the Act was conducted on the assessee on 20.11.2015. The ld. Assessing Officer accordingly called upon the assessee to furnish necessary evidences in support of unsecured loans taken by the assessee from different parties amounting to Rs.3,95,00,000/-. The ld. Assessing Officer also issued notices under section 133(6) of the Act to eight parties

DCIT,CIR-43,KOL, KOLKATA vs. S.K.AGARWALA & CO, KOLKATA

In the result both the appeals of the Revenue are dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

133A of the Act was conducted on the assessee on 20.11.2015. The ld. Assessing Officer accordingly called upon the assessee to furnish necessary evidences in support of unsecured loans taken by the assessee from different parties amounting to Rs.3,95,00,000/-. The ld. Assessing Officer also issued notices under section 133(6) of the Act to eight parties

SHREE AUTOMOTIVE PRIVATE LTD.,KOLKATA vs. DCIT, CIR-10. , KOLKATA

In the result, appeal of the assessee for AY 2012-13 is allowed and appeal for AY 2013-14 is partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

TDS on the said genuine unsecured loan is completely unfounded, unjustified and untenable in law. 5. That, the Ld. CIT(A) further erred on facts and in law in having upheld the addition of Rs.4,12,50,000/- as unexplained cash credit u/s 68 of the Act on the specious ground of unexplained share application money with premium received during

SHREE AUTOMOTIVE PRIVATE LTD. ,KOLKATA vs. DCIT, KOLKATA

In the result, appeal of the assessee for AY 2012-13 is allowed and appeal for AY 2013-14 is partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawal

TDS on the said genuine unsecured loan is completely unfounded, unjustified and untenable in law. 5. That, the Ld. CIT(A) further erred on facts and in law in having upheld the addition of Rs.4,12,50,000/- as unexplained cash credit u/s 68 of the Act on the specious ground of unexplained share application money with premium received during

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. VIVEK GUPTA, KOLKATA

Appeal of the revenue is dismissed and cross objection is partly allowed

Bench: SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI PRADIP KUMAR CHOUBEY (Judicial Member)

section 68 of the Act and added the same to the income of the assessee u/s 68 of the Act as unexplained cash credit. 4. The Ld. CIT(A) in the appellate proceedings discussed in detailed the facts qua the said loans. The Ld. CIT(A) noted in para 6.2.2 that the AO has added these loans to the income

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LTD., KOLKATA

In the result, the appeals of the Revenue are dismissed and the\nCOs of the assessee are partly allowed

133A of the Act was conducted\non the premises of the assessee on 04.011.2019, during which some\ndocuments were found. Based on the findings of the survey team, the\nId. AO reopened the assessment u/s 147 of the Income-tax Act, 1961\n(the Act) by issuing notice u/s 148 of the Act on 01.04.2021, which\nwere duly served upon

SIKKIM DISTILLERIES LIMITED,EAST SIKKIM vs. D.C.I.T.(TDS), CIRCLE - 5, GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 206C(7) are as under: Appeals against orders passed u/s Appeals against orders passed u/s 201(1) r.w.s. 201(1A) 206C(6A) r.w.s. 206C(7) AYs ITA Nos.: AYs ITA Nos.: 2012-13 1044/KOL/2024 2012-13 1045/KOL/2024 2013-14 1046/KOL/2024 2013-14 1047/KOL/2024 2014-15 1048/KOL/2024 2014-15 1049/KOL/2024 2015-16 1050/KOL/2024 2015-16 1051/KOL/2024 2016-17 1052/KOL/2024