THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA

In the result, the appeal of the revenue is partly allowed

3 I.T.A. No. 1427/Kol/2017 Assessment Year: 1990-91 The Peerless Gen. Fin. & Inv. Co. Ltd 12. This Court in Sandvik Asia Ltd.'s case (supra) set out several questions of law which arose on the facts of that case. We are concerned with questions C and E which read as follows: "(C). Whether on a proper interpretation of the various

JCIT (IN SITU), CIRCLE-1(1), KOLKATA, KOLKATA vs. THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LIMITED, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.750/Kol/2025 (निर्धारण वर्ा / Assessment Year : 1992-93) Jcit (In Situ), Circle-1(1), Vs The Peerless General Finance Kolkata & Investment Company Limited Peerless Bhawan, 3, Esplanade East, Kolkata-700069 Pan No. :Aabct 3043 L (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Sushanta Saha, Addl. Cit निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca सुनवाई की तारीख / Date Of Hearing : 31/07/2025 घोषणा की तारीख/Date Of Pronouncement : 26/08/2025 आदेश / O R D E R Per Rajesh Kumar, Am : This Is An Appeal Filed By The Revenue Against The Order Dated 26.09.2017, Passed By The Ld. Cit(A)-22, Kolkata, For The Assessment Year 1992-93. 2. At The Outset, We Observe That There Is A Delay Of 39 Days In Filing The Appeal By The Revenue For Which The Condonation Petition Has Been Filed. After Perusing The Contents Of Condonation Petition, We Are Inclined To Condone The Delay & Admit The Appeal For Adjudication. 3. The Only Issue Raised By The Revenue In The Various Grounds Of Appeal Is Against The Order Of The Ld. Cit(A) Holding That The Assessee Is Entitled To Interest On Unpaid Interest Whereas There Is No Provisions As Per The Income Tax Act To Charge The Interest On Unpaid Interest On The Assessee As Well As Nowhere The Powers Give Rights To The Assessing Officer To Give Interest On Unpaid Interest To The Assessee.

3. In the above example, the interest of Rs. 12 arrived in (B) above is to be considered having been issued and included in the refund amount of Rs. 90 worked out in (D) above. The amount of Rs. 22 in (E) would be construed as 'amount due' under section 244A of the Act and interest thereon u/s. 244A would

DCIT, C.C. I, KOLKATA, KOLKATA vs. AMARNATH SHROFF, KOLKATA

In the result ITA Nos.1797 to 1800/Kol/2009 are allowed while ITA Nos

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

3. Accretions from 4, Chowringhee Lane, Kolkaya from 2,62,76,335/- 01.01.2005 to 18.08.2006 4. Jessore Road Project of Diamond Group 12,00,000/- Various miscellaneous transactions and receipts from 1st April, 5. 26,00,000/- 2005 to 22nd August, 2006 Total 4,12,22,035/- In effect, the assessee was in possession of undisclosed cash and income

AMAR NATH SHROFF,KOLKATA vs. DY. COMMISSIONER OF INCOME TAX, KOLKATA

In the result ITA Nos.1797 to 1800/Kol/2009 are allowed while ITA Nos

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

3. Accretions from 4, Chowringhee Lane, Kolkaya from 2,62,76,335/- 01.01.2005 to 18.08.2006 4. Jessore Road Project of Diamond Group 12,00,000/- Various miscellaneous transactions and receipts from 1st April, 5. 26,00,000/- 2005 to 22nd August, 2006 Total 4,12,22,035/- In effect, the assessee was in possession of undisclosed cash and income

BENGAL DCL HOUSING DEVELOPMENT CO. LTD.,KOLKATA vs. THE DCIT, CIR-8, KOLKATA, KOLKATA

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

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am Bengal Dcl Housing Development Co. Vs. Dcit, Circle-8, Kolkata Ltd. 24B, Park Street, Kolkata – 700 016. Aayakar Bhawan, P-7, Chowringhee Square, Kolkata – 700 069. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb 9839 N (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

Section 244A as residuary in nature which provides for interest on refund in other cases including excess tax paid on self-assessment U/s 140A of the Act. 2 Bengal DCL Housing Development Co. Ltd. Assessment Year: 2006-07 3. The brief facts qua the issue are that the ld. CIT(A) directed the Assessing Officer, vide order dated

DCIT, CC-1(4), KOLKATA, KOLKATA vs. KKALPANA INDUSTRIES INDIA LIMITED, KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.452/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2016-2017) Dcit, Cc-1(4), Kolkata Vs Kkalpana Industries India Ltd. 2B, Pretoria Street, Middleton Row, Kolkata-700071 Pan No. :Aabck 2239 D (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca रधजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 24/06/2025 घोषणा की तारीख/Date Of Pronouncement : 25/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Revenue Against The Order Dated 13.11.2024, Passed By The Ld. Cit(A), Kolkata-20, Passed In Din & Order No.Itba/Apl/S/250/2024-25/1070338584(1), For The Assessment Year 2016-2017. 2. Shri P.N.Barnwal, Ld.Cit-Dr Appeared On Behalf Of The Revenue & Shri S.K.Tulsiyan, Advocate With Ms. Puja Somani, Ca, Appeared On Behalf Of The Assessee. 3. A Perusal Of The Appeal Record, We Find That The Appeal Of The Revenue Has Been Filed Belatedly By 28 Days. In This Regard, The Revenue Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons Which Are Plausible & Not Found To Be False. Thus, The Delay Of 28 Days In Filing The Appeal Is Condoned & Appeal Is Admitted For Hearing.

TDS and TCS of Rs.1,32,12,469/-without assigning any reasons thereof. 9. 208 Advance Tax That, on the facts of the case and in law, the Ld. A.O. erred in giving short credit of advance tax of Rs. 1,75,00,000/- without assigning any reasons thereof. 10. 140A Self That, on the facts of the case

SUVAPRASANNA BHATTACHARYA,KOLKATA vs. ACIT, CIRCLE - 55, KOLKATA, KOLKATA

In the result, appeal filed by assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Waseem Ahmedassessment Year :2006-07 Suvaprasanna Bhatacharya V/S. Acit, Circle-55, Bh-167, Salt Lake, Sector- 54/1, Rafi Ahmed Ii, Kolkata-700 016 Kidwai Road, [Pan No.Aedpb 2611 R] Kolkata – 700 016 .. अपीलाथ" /Appellant ""यथ"/Respondent

TDS (-) 1,29,449 Total 25,23,977 ITA No.1303/Kol/2010 A.Y. 2006-07 Suvaprasanna Bhattacharya v. ACIT, Cir-55, Kol. Page 5 Advance tax paid (-) 25,000 Total 24,98,977 Less paid u/s. 140A (-) 6,600 Total 24,92,377 Add 234B 7,50,419 Add 234C 123 Total Tax payable 30,23,135” In this appeal challenge