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 ]

TDS of Rs.l,63,242/-, self assessment tax u/s.140A of Rs.5,27,991/- and regular tax of Rs. 2,01,275/-paid on 22-07-2008. The appellant is still due to pay tax and interest of Rs.53,445/- . For Assessment Year 2005-06, the appellant on a total income of Rs. 84,75,7201- was liable

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

1. Hence the Id AO had rightly not considered the aspect of deemed dividend and claim of depreciation on motor lorries at 30% while framing the search assessment u/s 153A of the Act. Moreover, we find that the assessee had given proper explanations regarding these items before the lower authorities as reproduced above. We find that the assessee had also

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

1. Hence the Id AO had rightly not considered the aspect of deemed dividend and claim of depreciation on motor lorries at 30% while framing the search assessment u/s 153A of the Act. Moreover, we find that the assessee had given proper explanations regarding these items before the lower authorities as reproduced above. We find that the assessee had also

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

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]

1 to 4 is against the order of Ld. CIT(A) not adjudicating the issue of validity of assessment order passed by AO u/s 143(3) read with Section 153A of the Act on the ground that the assessment being unabated on the date of search and therefore ,AO has no jurisdiction to make additions without any incriminating material found

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

SRI SURYA PRAKASH BAGLA,KOLKATA vs. DCIT, CEN. CIR-VII, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 398/Kol/2014 Assessment Year : 2010-11 Shri Surya Prakash Bagla -Vs- Dcit, Central Circle-Vii, Kolkata [Pan: Aebpb 4558 F] (Appellant) (Respondent)

153A of the Act on 31.12.2010, whereas the regular assessment for the Asst Year 2009-10 was completed u/s 143(3) of the Act on 31.12.2010. Number of additions were made in those assessments which were agitated by the assessee before the ld CITA and the said appeals were disposed off by a consolidated order dated 6.8.2012 for the Asst

DCIT, CENTRAL -4(3), KOLKATA, KOLKATA vs. RAJESH AUTO MERCHANDISE PRIVATE LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

153A of the Income-tax Act, 1961 on 16.12.2021.\nThereafter, the statutory notices were issued along with questionnaire\nand assessee duly replied the said notices. During the course of\nassessment proceedings, the Id. AO noticed that the assessee has\nraised ₹7,57,50,000/- from six parties as unsecured loans.\nThe assessee submitted before the Id. AO that these loans

DCIT- CENTRAL CIRCLE-2(4), KOLKATA vs. VIKRMA IMPEX PRIVATE LIMITED, KOLKATA

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

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

153A of the Income Tax Act,1961 on 30/03/2022. In the assessment order the following additions were made: a) Addition of Rs.1,90,00,000 as unexplained cash credit u/s 68 of the Income Tax Act,1961 read with section 115BBE of the Income Tax Act,1961 being unsecured loan taken by the assessee. (b) Addition of Rs.3

DCIT, CC-2(4), KOLKATA, KOLKATA vs. VIKRMA IMPEX PRIVATE LIMITED, KOLKATA

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

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

153A of the Income Tax Act,1961 on 30/03/2022. In the assessment order the following additions were made: a) Addition of Rs.1,90,00,000 as unexplained cash credit u/s 68 of the Income Tax Act,1961 read with section 115BBE of the Income Tax Act,1961 being unsecured loan taken by the assessee. (b) Addition of Rs.3

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

B’ BENCH, KOLKATA "ी संजय गग", "ाियक सद" एवं "ी संजय अव"थी, लेखा सद" के सम" Before SRI SANJAY GARG, JUDICIAL MEMBER & SRI SANJAY AWASTHI, ACCOUNTANT MEMBER I.T.A. No.: 1027/KOL/2024 Assessment Year: 2020-21 M/s. Inland Teevra Pvt. Ltd. ………. Appellant 26, Stand Road, 2nd Floor, Kolkaeta-700001. (PAN: AAECI8919H) Vs. DCIT, Central Circle-3(2), Kolkata ......... Respondent Appearances: Appellant represented

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

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

1) NA NA NA 2.12.08 NA NA NA 8 Income declared u/s 153A 1422390 2029890 12518449 54191200 62336025 61567441 NA 9 Date of filing the return u/s 153A 15.3.11 15.3.11 15.3.11 15.3.11 15.3.11 15.3.11 NA 10 Income assessed u/s 153A 22980430 53572690 59137540 853881630 126225500 98194840 NA 11 Date of Order u/s 153A

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

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

1) NA NA NA 2.12.08 NA NA NA 8 Income declared u/s 153A 1422390 2029890 12518449 54191200 62336025 61567441 NA 9 Date of filing the return u/s 153A 15.3.11 15.3.11 15.3.11 15.3.11 15.3.11 15.3.11 NA 10 Income assessed u/s 153A 22980430 53572690 59137540 853881630 126225500 98194840 NA 11 Date of Order u/s 153A

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

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

1) NA NA NA 2.12.08 NA NA NA 8 Income declared u/s 153A 1422390 2029890 12518449 54191200 62336025 61567441 NA 9 Date of filing the return u/s 153A 15.3.11 15.3.11 15.3.11 15.3.11 15.3.11 15.3.11 NA 10 Income assessed u/s 153A 22980430 53572690 59137540 853881630 126225500 98194840 NA 11 Date of Order u/s 153A

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

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

1) NA NA NA 2.12.08 NA NA NA 8 Income declared u/s 153A 1422390 2029890 12518449 54191200 62336025 61567441 NA 9 Date of filing the return u/s 153A 15.3.11 15.3.11 15.3.11 15.3.11 15.3.11 15.3.11 NA 10 Income assessed u/s 153A 22980430 53572690 59137540 853881630 126225500 98194840 NA 11 Date of Order u/s 153A