PRATIK AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, C.C.-3(1), , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

bogus or accommodation in nature. No such exercises have been carried out at any stage by the Revenue authority. Though the assessee has placed material on record to show that on merits also the case of the assessee is strong and the alleged transactions have been carried out through banking channel as well as through recognised stock exchange and demat

M/S. NISHIT AGARWAL BENEFICIARY TRUST ,KOLKATA vs. ACIT, CC - 3(1), KOLKATA , KOLKATA

In the result, all the appeals of the assessee(s) are allowed as per the terms indicated hereinabove

Bench: Sri Sanjay Garg & Dr. Manish Borad

bogus or accommodation in nature. No such exercises have been carried out at any stage by the Revenue authority. Though the assessee has placed material on record to show that on merits also the case of the assessee is strong and the alleged transactions have been carried out through banking channel as well as through recognised stock exchange and demat

ACIT, CIR-1, DURGAPUR, DURGAPUR vs. SHRI RAKESH KUMAR CHOWDHURY, DURGAPUR

Bench: Shri S.S.Godara & Dr. A.L. Saini

4) Cheque NoA09721 dt. 10.11.2008 -Rs.7,21,750.00 (Release of withheld & Guarantee commission) ---------------------- Rs.27,51,177.00 It is regretted that we could not furnish earlier the above information due to non availability of cheque references. In this connection photocopies of payment vouchers on account of payment made to M/s. R.K. Engineering Works are also enclosed herewith for necessary action

SHRI RAKESH KUMAR CHAUDHARY,DURGAPUR vs. ACIT, CIR-DURGAPUR, DURGAPUR

Bench: Shri S.S.Godara & Dr. A.L. Saini

4) Cheque NoA09721 dt. 10.11.2008 -Rs.7,21,750.00 (Release of withheld & Guarantee commission) ---------------------- Rs.27,51,177.00 It is regretted that we could not furnish earlier the above information due to non availability of cheque references. In this connection photocopies of payment vouchers on account of payment made to M/s. R.K. Engineering Works are also enclosed herewith for necessary action

ACIT, CIRCLE-33, KOLKATA, KOLKATA vs. M/S. G. D. CONSTRUCTION & CO., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2010-11

bogus or unverifiable then the remaining part could not be disbelieved. In fact, to the extent the appellant had made payments to these 11 parties during the relevant year, the AO had accepted the genuineness of the parties and did not draw any adverse inference. Once part of the transactions with the same parties and draw adverse inference against

I.T.O.,WARD-40(4), KOLKATA vs. SMT.PUSHPA DEVI RATHI, KOLKATA

In the result, the appeal of the revenue is dismissed

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

134 (Del) to buttress his arguments on the issue that where sales are treated as genuine the corresponding purchases cannot held to be bogus. The case of the assessee is squarely covered by the various other decisions of the Co-ordinate Benches namely ITO vs. Zazsons Exports Ltd. reported in [2016] 158 ITD 1 (Lucknow-Trib) and Gulf Steel & Minerals

ACIT, CIRCLE-1, BURDWAN, BURDWAN vs. M/S. BARDHAMAN DHARMARAJ PAPER MILL PVT. LTD., BURDWAN

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year : 2015-16

134 Taxman 29 (cal)] wherein it was held that it is incumbent on the assessee to prove and establish the identity of the subscribers, their creditworthiness and the genuineness of the transaction. Once materials to prove these ingredients are produced, it is for the Assessing officer to find out whether on these materials. It is for the Assessing officer

M/S. BARDHAMAN DHARMARAJ PAPER MILL PVT. LTD.,BURDWAN vs. ACIT, CIRCLE-2, BURDWAN

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year : 2015-16

134 Taxman 29 (cal)] wherein it was held that it is incumbent on the assessee to prove and establish the identity of the subscribers, their creditworthiness and the genuineness of the transaction. Once materials to prove these ingredients are produced, it is for the Assessing officer to find out whether on these materials. It is for the Assessing officer

ITO, WARD-7(1), KOLKATA vs. M/S ANVIL ELECTRICALS PVT. LIMITED(FORMERLY KNOWN AS DAMIYA VANIJYA PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

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

bogus in the hands of the assessee. 3 AY: 2012-13 Anvil Electricals Pvt.Ltd. Anvil Electricals Pvt.Ltd. However, during the remand proceedings, die AO in the remand report has h However, during the remand proceedings, die AO in the remand report has h However, during the remand proceedings, die AO in the remand report has himself mentioned that assessee have

M/S TOPLINK COMMERCE LIMITED,KOLKATA vs. ITO, WARD 10(2), KOLKATA

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2012-13

134 Taxman 29 (Cal)). iv. The true nature of transaction has to be ascertained in the light of surrounding circumstances. It needs to be emphasized that standard of proof beyond reasonable doubt has no applicability in determination of matters under taxing statutes. It is also well settled that tax authorities are entitled to look into surrounding circumstances to find

RAM KUMAR GUPTA,KOLKATA vs. ACIT, CIR. 43, , KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.309/Kol/2024 Assessment Year: 2017-18 Ram Kumar Gupta…...…………….....……………………....………....Appellant 67/46, Posta Chowrasta, Kolkata -700007. [Pan: Adrpg8556B] Vs. Acit, Circle-43, Kolkata…...................................................…..…..... Respondent Appearances By: Shri Rajiva Kumar, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr On Behalf Of P. P. Barman, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 30, 2024 Date Of Pronouncing The Order : August 09, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Confirmation Of Addition Of Rs.1,10,46,000/- Made By The Assessing Officer On Account Of Cash Deposits In The Bank Account Of The Assessee During Demonetization Period. 3. The Brief Facts Of The Case Are That The Assessee Derives Income From Retail Trading In The Name Of M/S R. Kumar & Co. The Assessee Filed His Return Of Income On 28.07.2017 Declaring A Total Income Of Rs.8,19,420/-. The Return Was Selected For Scrutiny & Notices U/S

4. Being aggrieved by the said order of the Assessing Officer, the assessee preferred appeal before the CIT(A) and made the following submissions: "1.1 In this connection, it is submitted that the appellant is a proprietorship firm and is engaged in the business of trading of sugar in the name and style of M/s R. Kumar & Co. The assessee

ACIT, CC-3(2), KOLKATA , KOLKATA vs. M/S. SNOWTEX INVESTMENT LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri A. T. Varkey, J.M. & Dr.A.L.Saini, A.M.) Asstt. Year : 2012-13 A.C.I.T, Cc-3(2), Kolkata Vs M/S. Snowtex Investment Ltd. Pan: Aaecs 0334C (Assessee/Department) (Respondent/Assessee)

4,5,6 & 7 raised by the Revenue relate to disallowance of Rs.4,60,032/- on account of delayed payment of employees’ contribution to provident fund (PF). 11. The brie facts qua the issue are that on perusal of Form No. 3CD, clause 16(b), it was noted by the AO that the assesse has not deposited

M/S THE RAIGANJ CO-OPERATIVE MARKETING SOCIETY LTD.,UTTAR DINAJPUR vs. ACIT, MALDA RANGE, MALDA, MALDA

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

Bench: Shri P.M. Jagtap

134 [PAN : AAAAR 1859 D] -Vs.- Assistant Commissioner of Income Tax,.......................................Respondent Malda Range, Malda, Netaji Commercial Market, 1st Floor, Malda-732 101 Appearances by: Shri S.M. Surana, Advocate, for the assessee Shri Prabal Chowdhury, JCIT, Sr. D.R., for the Department Date of concluding the hearing : June 06, 2016 Date of pronouncing the order : August

JAYESH INDUSTRIAL SUPPLIERS PVT. LTD.,KOLKATA vs. ITO, WARD-11(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

134 parties. On behalf of which company/companies appointed the supervisors. It is remain unclear. 7. Out of five supervisors two supervisors were resided at same address and another two were also resided at another same address. For example, Ghanshyam Agarwal and Kamla Devi resided at A-6, Ganesh Bihar, Bhatia Basti, Kadma. Jsr. Both of them may be husband & wife

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S. EMAMI BIOTECH LTD., KOLKATA

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

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

134-CI/O/ Incentive/17/03/I dated 24.03.2004. The said incentive has been granted to encourage additional investments for setting up and/or expansion and modernization of the industrial undertaking located at the respective place to accelerate the development of the backward area of the State and to create large scale employment opportunities. The company has received sales tax assistance, being capital receipt

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S. EMAMI BIOTECH LTD., KOLKATA

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

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

134-CI/O/ Incentive/17/03/I dated 24.03.2004. The said incentive has been granted to encourage additional investments for setting up and/or expansion and modernization of the industrial undertaking located at the respective place to accelerate the development of the backward area of the State and to create large scale employment opportunities. The company has received sales tax assistance, being capital receipt

DCIT, CIR-4, KOLKATA, KOLKATA vs. M/S MARUTI FREIGHT MOVERS LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri N. V. Vasudevan & Shri M. Balaganesh, I.T.A. No. 482/Kol/2014 Assessment Years: 2009-10

4 I.T.A. No. 482/Kol/2014 Assessment Years: 2009-10 M/s. Maruti Freight Movers Ltd. makes payment to his agent who is required to make payment in cash for goods or services rendered, on behalf of the assessee. The advance payments are paid to the transport contractors / commission agents and are in relation to trucks hired by the assessee in the course

ITO, WD-5(1), KOLKATA vs. M/S SAFELINE MARKETING PVT. LTD, KOLKATA

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble

bogus entries of name lenders. In the facts of the case, in spite of best efforts made by the assessing officer, he could not verify the same as there was no response from the companies to whom share were allotted on private placement basis. Thus, the decision of the Ld. CIT(A) is erroneous in holding that the raised share