ACIT, CIRCLE-41, NADIA, NADIA vs. M/S SAKTINAGAR SAMABAY KRISHI UNNYAN SAMITY LTD., NADIA

In the result, the appeal of the revenue is dismissed

TDS need not be deducted if payment by a co-operative society is made to a resident and the amount of interest so paid does not exceed Rs. 10,000/-. The learned DR has not disputed the applicability of the said clause in principle. He however has contended that this stand was not taken by the assessee before

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

TDS: 6.1.3 Thus, on considering the totality of facts, I am inclined to concur with the view that this cannot be a case of deliberate under reporting of income on part of the appellant. Furthermore, I also note that the appellant has been consistent in offering explanation with regard to the said claim of expenditure in the course of assessment

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

80P(2)(a)(i) but would also be applicable to all banks/commercial_banks, to which Banking Regulation Act, 1949 applies.[Para 37] ■ From this, Punjab and Haryana High Court pointed out that this circular carves out a distinction between 'stock-in-trade' and 'investment' and provides that if the motive behind purchase and sale of shares is to earn profit, then

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

80P(2)(a)(i) but would also be applicable to\nall banks/commercial_banks, to which Banking Regulation Act, 1949\napplies.[Para 37]\n■ From this, Punjab and Haryana High Court pointed out that this circular\ncarves out a distinction between 'stock-in-trade' and 'investment' and\nprovides that if the motive behind purchase and sale of shares is to earn\nprofit

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

80P(2)(a)(i) but would also be applicable to\nall banks/commercial_banks, to which Banking Regulation Act, 1949\napplies.[Para 37]\n■ From this, Punjab and Haryana High Court pointed out that this circular\ncarves out a distinction between 'stock-in-trade' and 'investment' and\nprovides that if the motive behind purchase and sale of shares is to earn\nprofit

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

In the result, the appeals filed by the assessee in ITA Nos

80P(2)(a)(i) but would also be applicable to\nall banks/commercial_banks, to which Banking Regulation Act, 1949\napplies.[Para 37]\n■ From this, Punjab and Haryana High Court pointed out that this circular\ncarves out a distinction between 'stock-in-trade' and 'investment' and\nprovides that if the motive behind purchase and sale of shares is to earn\nprofit

COAL INDIA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA

80P(2)(a)(i) but would also be applicable to\nall banks/commercial_banks, to which Banking Regulation Act, 1949\napplies.[Para 37]\n■ From this, Punjab and Haryana High Court pointed out that this circular\ncarves out a distinction between 'stock-in-trade' and 'investment' and\nprovides that if the motive behind purchase and sale of shares is to earn\nprofit

M/S. COAL INDIA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA

80P(2)(a)(i) but would also be applicable to\nall banks/commercial_banks, to which Banking Regulation Act, 1949\napplies.[Para 37]\n■ From this, Punjab and Haryana High Court pointed out that this circular\ncarves out a distinction between 'stock-in-trade' and 'investment' and\nprovides that if the motive behind purchase and sale of shares is to earn\nprofit

DARJEELING DISTRICT CENTRAL CO-OP. BANK LTD. ,DARJEELING vs. ACIT, CIR-3(1),SILIGURI. , SILIGURI

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

E R PER RAKESH MISHRA, ACCOUNTANT MEMBER: These three appeals having filed by the assessee are against the separate orders of Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as “the Ld. CIT(A)” passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) dated 10.06.2023, details

DARJEELING DISTRICT CENTRAL CO-OPERATIVE BANK LTD. ,DARJEELING vs. ACIT(OSD)(TDS),WD-5(3),DARJEELING, DARJEELING.

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

E R PER RAKESH MISHRA, ACCOUNTANT MEMBER: These three appeals having filed by the assessee are against the separate orders of Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as “the Ld. CIT(A)” passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) dated 10.06.2023, details

DARJEELING DISTRICT CENTRAL CO.OP. BANK LTD. ,DARJEELING vs. ACIT(OSD)(TDS)WD-5(3), DARJEELING, , DARJEELING.

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

E R PER RAKESH MISHRA, ACCOUNTANT MEMBER: These three appeals having filed by the assessee are against the separate orders of Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as “the Ld. CIT(A)” passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) dated 10.06.2023, details

M/S COAL INDIA LTD.,KOLKATA vs. DCIT, CIR-5(1), , KOLKATA

80P(2)(a)(i) but would also be applicable to\nall banks/commercial_banks, to which Banking Regulation Act, 1949\napplies.[Para 37]\n■ From this, Punjab and Haryana High Court pointed out that this circular\ncarves out a distinction between 'stock-in-trade' and 'investment' and\nprovides that if the motive behind purchase and sale of shares is to earn\nprofit

GOGHAT THANA LARGE SIZED PRIMARY COOPERATIVE AGRICULTURAL MARKETING SOCIETY LTD.,HOOGHLY vs. ACIT, CIR-1, HOOGHLY, HOOGHLY

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 1872 /Kol/2017 Assessment Year : 2012-13 M/S Goghat Thana Large Sized Primary -Vs- Acit, Circle-1, Hooghly Cooperative Agricultural Marketing Society Ltd. [Pan: Aaalg 0062 E ] (Appellant) (Respondent)

E ] (Appellant) (Respondent) For the Appellant : Shri P.K. Roy, Advocate For the Respondent : Shri P.K. Srihari, CIT DR Date of Hearing : 27.11.2018 Date of Pronouncement : 30.11.2018 ORDER Per M.Balaganesh, AM 1. This appeal by the assessee arises out of the order of the Learned Principal Commissioner of Income Tax-8, Kolkata [in short the ld CIT] in Memo No.PCIT

RAIGANJ CENTRAL CO-OPERATIVE BANK LTD.,UTTAR DINAJPUR vs. D.C.I.T., CIRCLE - 2(2), JALPAIGURI

In the result, the appeal for A

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

80P of the Act and also the decision of the Hon'ble Supreme Court in the case of Shree Choudhary Transport Co. vs Income Tax Officer in Civil Appeal No. 7865 of 2009 and has very cryptically mentioned that “In view of the above, it is mandatory for the appellant to pay dividend Distribution Tax as per provisions of section

RAIGANJ CENTRAL CO-OPERATIVE BANK LTD.,UTTAR DINAJPUR vs. A.C.I.T., CIRCLE - 2(2), JALPAIGURI

In the result, the appeal for A

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

80P of the Act and also the decision of the Hon'ble Supreme Court in the case of Shree Choudhary Transport Co. vs Income Tax Officer in Civil Appeal No. 7865 of 2009 and has very cryptically mentioned that “In view of the above, it is mandatory for the appellant to pay dividend Distribution Tax as per provisions of section

RAIGANJ CENTRAL CO-OPERATIVE BANK LTD.,UTTAR DINAJPUR vs. D.C.I.T., CIRCLE - 2(1), JALPAIGURI

In the result, the appeal for A

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

80P of the Act and also the decision of the Hon'ble Supreme Court in the case of Shree Choudhary Transport Co. vs Income Tax Officer in Civil Appeal No. 7865 of 2009 and has very cryptically mentioned that “In view of the above, it is mandatory for the appellant to pay dividend Distribution Tax as per provisions of section

METROPOLITAN ENGG. CO-OPT SOCIETY LTD.,NADIA vs. JCIT, RG.NADIA, NADIA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.405/Kol/2014 ("नधा"रण वष" /Assessment Year:2007-2008) M/S Metropolitan Engg. Co-Operative Vs. Jcit, Range-Nadia Society Limited, C/O. P.S.Gupta(Advocate) 100, Bank Lane, Hatar Para P.O. Krishnagar, Dist-Nadia, Pin-741101 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aaefm 4520 H .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri P.S.Gupta, Advocate Revenue By : Md. Ghyas Uddin, Jcit सुनवाई क" तार"ख / Date Of Hearing : 04/01/2017 घोषणा क" तार"ख/Date Of Pronouncement 13/01/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2007-08, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-Xxxvi, Kolkata, In Appeal No.995/Cit(A)-Xxxvi/Kol/Jcit, Range, Nadia/09-10, Dated 31.12.2013, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act 1961, (In Short The ‘Act’), Dated, 18.12.2009. 2. Brief Facts Of The Case Qua The Assessee Are That Assessee Filed Its Return Of Income Declaring Total Income Of Rs.26,54,071/-. Assessee’S Case Was Selected For Scrutiny & The Ao Completed The Assessment U/S.143(3) By Making Various Additions. 3. Aggrieved From The Order Of The Ao, Assessee Filed An Appeal

E R Per Dr. Arjun Lal Saini, AM: The captioned appeal filed by the Assessee, pertaining to the Assessment Year 2007-08, is directed against the order passed by the ld. Commissioner of Income Tax (Appeals)-XXXVI, Kolkata, in Appeal No.995/CIT(A)-XXXVI/Kol/JCIT, Range, Nadia/09-10, dated 31.12.2013, which in turn arises out of an order passed by the Assessing Officer

A.C.PAUL AGRICULTURAL CO. PVT. LTD.,SILIGURI vs. D.C.I.T.,CIR-1, KOLKATA , SILIGURI

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Girish Agrawal, Hon’Blei.T.A. No. 2469/Kol/2019 Assessment Year: 2013-14 A.C. Paul Agricultural Co. Pvt. D.C.I.T., Cir-I, Siliguri Ltd. Vs ‘Arjun Bhawan’ 177, Hill Cart Road Siliguri Darjeeling - 734001 [Pan : Aacca5650M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, Advocate Revenue By : Shri Vijay Kumar, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 19/01/2023 घोषणा क" तारीख /Date Of Pronouncement: 08/02/2023 आदेश/O R D E R Per Shri Rajpal Yadav: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - Siliguri, (Hereinafter The “Ld. Cit(A)”) Dt. 19/09/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2013-14. 2. Before Taking Cognizance Of The Grounds Of Appeal Taken By The Assessee In Seriatim, We Deem It Proper To Take Note Of The Brief Background. The Assessee Is A Company Engaged In Tea Plantation & Manufacturing Of Tea. It Has Filed Its Return Of Income On 28/09/2013 Declaring Total Income Of Rs.96,04,272/-. The Case Of The Assessee Was Selected For Scrutiny Assessment & A Notice U/S 143(2) & 142(1) Of The Act Was Issued & Served Upon The Assessee. The Ld. Assessing Officer Has Passed Assessment Order U/S 143(3) Of The Act On 18/03/2016. The Assessing Officer Has Made Certain

E R PER SHRI RAJPAL YADAV, VICE PRESIDENT : The present appeal is directed at the instance of the assessee against the order of the Learned Commissioner of Income Tax (Appeals) - Siliguri, (hereinafter the “ld. CIT(A)”) dt. 19/09/2019, passed u/s 250 of the Income Tax Act, 1961 (“the Act’), for Assessment Year 2013-14. 2. Before taking cognizance