METALIND PRIVATE LIMITED,KOLKATA vs. DCIT, CC-1(3), KOLKATA, KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1241/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 1242/Kol/2017 Assessment Year: 2012-13 Metalind Private Ltd...........……………………………………....…………………………………………Appellant 51, Canal East Road Kolkata – 700 085 [Pan : Aaccm 2883 J] Deputy Commissioner Of Income Tax, Central Circle-1(3), Kolkata.......…..…......Respondent Appearances By: Shri S.M. Surana, Advocate, Appeared On Behalf Of The Assessee. Shri A.K. Singh, Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 12Th, 2019 Date Of Pronouncing The Order : April 10Th , 2019 O R D E R Per J. Sudhakar Reddy, Am :- Both These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Principal Commissioner Of Income Tax - 1, Kolkata, (Ld. Pr. Cit) Passed U/S. 263 Of The Income Tax Act, 1961, (The ‘Act’), Both Dt. 22/03/2017, For The Assessment Years 2011-12 & 2012-13. 2. Both These Appeals Belong To The Same Assessee. Hence For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Company & Is In The Business Of Real Estate & Related Activities. It Filed Its Original Return Of Income For The Assessment Year 2011-12 On 29/09/2011, Declaring Nil Income & For The Assessment Year 2012-13 On 29/09/2012, Declaring Total Income Of Rs.5,48,59,970/-. A Search & Seizure Operation Was Conducted U/S 132 Of The Act On The Assessee On 04/10/2012. Consequentially Notice U/S 153A Of The Act, Were Issued & The Assessee Filed Its Return Of Income In Response Thereto Declaring The Same Income As That Disclosed By It In The Original Return Of Income For Both The Assessment Years. The Assessing

Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment.” 38. The present appeals concern

M/S SALARPURIA PROPERTIES PVT LTD.,KOLKATA vs. PCIT, CENTRAL -2, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

section 153A of the Act. It is settled legal position that in order to make addition in an unabated assessment on the date of search, there has to be incriminating material found during search as laid down in various decisions as cited by the assessee’s counsel supra. After carefully analyzing the facts of the acts and after the perusal

M/S. SALARPURIA PROPERTIES PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 1, KOLKATA, KOLKATA

In the result, assessee’s appeal in ITA No

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

section 153A of the Act. It is settled legal position that in order to make addition in an unabated assessment on the date of search, there has to be incriminating material found during search as laid down in various decisions as cited by the assessee’s counsel supra. After carefully analyzing the facts of the acts and after the perusal

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

section 153A. The disallowances made by the assessing officer were upheld by the CIT(A) but the learned Tribunal deleted those disallowances." In that view of the matter, we are unable to admit the appeal. The appeal is, therefore, dismissed.” ITA Nos. 813 to 816/Kol/2017 M/s. Rashmi Metaliks Ltd. A.Y.2009-10

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

section 153A. The disallowances made by the assessing officer were upheld by the CIT(A) but the learned Tribunal deleted those disallowances." In that view of the matter, we are unable to admit the appeal. The appeal is, therefore, dismissed.” ITA Nos. 813 to 816/Kol/2017 M/s. Rashmi Metaliks Ltd. A.Y.2009-10

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

section 153A. The disallowances made by the assessing officer were upheld by the CIT(A) but the learned Tribunal deleted those disallowances." In that view of the matter, we are unable to admit the appeal. The appeal is, therefore, dismissed.” ITA Nos. 813 to 816/Kol/2017 M/s. Rashmi Metaliks Ltd. A.Y.2009-10

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

section 153A. The disallowances made by the assessing officer were upheld by the CIT(A) but the learned Tribunal deleted those disallowances." In that view of the matter, we are unable to admit the appeal. The appeal is, therefore, dismissed.” ITA Nos. 813 to 816/Kol/2017 M/s. Rashmi Metaliks Ltd. A.Y.2009-10

SUBHAJIT KR. GHOSH,KOLKATA vs. DCIT, CC-XXV, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2011-12

TDS of Rs.9,56,413/- and credit of seized cash of Rs.2,35,600/- as payment of advance tax. The balance amount of Rs.1,00,000/- was paid by the appellant as self-assessment tax. Thus, as per the return of income there was claim of refund of Rs.24/-. However, on perusal of the declaration petition dated 28.03.2011 filed before

M/S. INLAND TEEVRA PVT. LTD.,KOLKATA vs. PCIT, CENTRAL - 2, KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

TDS is concerned, the issue has been settled in favour of the revenue and against the assessee by the decision of the Co-ordinate Bench of the Tribunal in the case of Premier Irrigation Adritec P. Ltd. Vs. ACIT (2023) 146 taxmann.com 389. The said decision has also been followed by various other Benches of the Tribunal. This issue

D.C.I.T CIR - 3,ASANSOL, ASANSOL vs. M/S SANJAY TRANSPORT AGENCY, BURDWAN

In the result, Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year:-2009-10 Dcit, Circle-3, Asansol V/S. M/S Sanjay Transport At “Parmar Building”, Agency, 41, N.S.B. 54, G.T. Road (West), Road, Raniganj-713 347 Asansol-713 304 Burdwan [Pan No.Aavfs 6659 N] .. अपीलाथ" /Appellant ""यथ"/Respondent

sections 143, 153, 153A of the Income-tax Act, 1961 - Unexplained moneys (Admission in sworn statement) - Assessment years 2001-02 to 2007-08 - Assessing Officer made additions as undisclosed income on basis of sworn statements of assessee during search and seizure - Assessee made out an issue that submissions of certain materials by him were not considered by Assessing Officer - However

DCIT, C.C.-XVI, KOLKATA, KOLKATA vs. M/S. EASTERN MINERAL & TRADING AGENCY, ASANSOL

In the result, all the appeals of the revenue and corresponding cross objections of the assessee are dismissed as under:-

TDS on such payment and only on account of accountancy reasons appear as advance in the books of appellant for the Financial Year relevant to the Assessment Year under appeal, cannot in any manner be considered as avoidance of tax. In other words, the provisions of section 2(22)(e) do not apply on such advances which are appearing

ACIT, CC-IV, KOLKATA, KOLKATA vs. M/S INLAND ROAD TRANSPORT PVT. LTD., KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

153A or 153C of the Act need not necessarily be based on incriminating material found in search. (c) The Ld. AO found that TDS certificates were issued in the name of one Sri N K Sharma for payments made to different vehicle operators totalling to Rs.73,22,73,315/- on account of lorry hire charges in the financial year

ACIT, CENTRAL CIRCLE - IV, KOLKATA, KOLKATA vs. M/S. INLAND ROAD TRANSPORT(P)LTD, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

153A or 153C of the Act need not necessarily be based on incriminating material found in search. (c) The Ld. AO found that TDS certificates were issued in the name of one Sri N K Sharma for payments made to different vehicle operators totalling to Rs.73,22,73,315/- on account of lorry hire charges in the financial year

ACIT, CENTRAL CIRCLE - IV, KOLKATA, KOLKATA vs. M/S. INLAND ROAD TRANSPORT(P)LTD, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

153A or 153C of the Act need not necessarily be based on incriminating material found in search. (c) The Ld. AO found that TDS certificates were issued in the name of one Sri N K Sharma for payments made to different vehicle operators totalling to Rs.73,22,73,315/- on account of lorry hire charges in the financial year

ACIT, CENTRAL CIRCLE - IV, KOLKATA, KOLKATA vs. M/S INLAND ROAD TRANSPORT (P)LTD, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

153A or 153C of the Act need not necessarily be based on incriminating material found in search. (c) The Ld. AO found that TDS certificates were issued in the name of one Sri N K Sharma for payments made to different vehicle operators totalling to Rs.73,22,73,315/- on account of lorry hire charges in the financial year

ACIT, CENTRAL CIRCLE - IV, KOLKATA, KOLKATA vs. M/S. INLAND ROAD TRANSPORT(P)LTD, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

153A or 153C of the Act need not necessarily be based on incriminating material found in search. (c) The Ld. AO found that TDS certificates were issued in the name of one Sri N K Sharma for payments made to different vehicle operators totalling to Rs.73,22,73,315/- on account of lorry hire charges in the financial year

ACIT, CC-IV, KOLKATA, KOLKATA vs. RATAN KUMAR SOMANI, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

153A or 153C of the Act need not necessarily be based on incriminating material found in search. (c) The Ld. AO found that TDS certificates were issued in the name of one Sri N K Sharma for payments made to different vehicle operators totalling to Rs.73,22,73,315/- on account of lorry hire charges in the financial year

ACIT, CENTRAL CIRCLE - IV, KOLKATA, KOLKATA vs. M/S INLAND ROAD TRANSPORT(P)LTD, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

153A or 153C of the Act need not necessarily be based on incriminating material found in search. (c) The Ld. AO found that TDS certificates were issued in the name of one Sri N K Sharma for payments made to different vehicle operators totalling to Rs.73,22,73,315/- on account of lorry hire charges in the financial year

ACIT, CC-IV, KOLKATA, KOLKATA vs. M/S INLAND ROAD TRANSPORT PVT. LTD., KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

153A or 153C of the Act need not necessarily be based on incriminating material found in search. (c) The Ld. AO found that TDS certificates were issued in the name of one Sri N K Sharma for payments made to different vehicle operators totalling to Rs.73,22,73,315/- on account of lorry hire charges in the financial year