ACIT, CC-2(1), KOL, KOLKATA vs. SHALIMAR HATCHERIES LIMITED, KOLKATA

In the result, the appeal of the Revenue is allowed and the Cross Objection filed by the assessee is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Assistant Commissioner Of Income Tax,....Appellant Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 3Rd Floor, 110, Shanti Pally, Kolkata-700107 -Vs.- Shalimar Hatcheries Ltd.,......................Respondent 46C, Chowringhee Road, Park Street, 17Th Floor, Everest House, Kolkata-700071 [Pan: Aadcs6537J] - A N D - C.O. No. 13/Kol/2023 (In I.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Shalimar Hatcheries Ltd.,..................Cross Objector 46C, Chowringhee Road, Park Street, Kolkata-700071 [Pan: Aadcs6537J] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, Kolkata-700107 Appearances By: Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue

153A, the search upon the donee took place before completion of assessment order in the case of assessee. The assessment order was completed on 27.03.2015 whereas search upon the donee was conducted somewhere in the month of January. Therefore, all the information regarding the alleged claim of deduction under section 35(1)(ii) was already in the knowledge

JAIN INFRA PROJECTS LTD.(SINCE TAKEN OVER BANGAL CONSTRUCTION CO.),KOLKATA vs. ACIT, CC-IV, KOLKATA, KOLKATA

In the result the appeals of the assessee are allowed and appeals of the revenue are dismissed

Bench: : Shri N.V.Vasudevan & Shri M. Balaganesh

section 153A proceedings also. The assessee also filed another submission that it had shown bogus purchase of machinery of Rs. 1

ACIT, CENTRAL CIRCLE-2(3), KOLKATA, KOLKATA vs. SHRI SIDHANT GUPTA, NEW DELHI

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

purchases and sales are correctly recorded and the disclosure was made just to cover the papers and documents which he may not be able to explain. The assessee bifurcated his own disclosure of Rs.3.50 lakhs in respect to two parts, i.e. Rs.70,00,000 for the assessment year 2008-09 and Rs.2.80 lakhs for the assessment year

ACIT, CENTRAL CIRCLE-2(3), KOLKATA, KOLKATA vs. SHRI SANJAY DHINGRA, NEW DELHI

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

purchases and sales are correctly recorded and the disclosure was made just to cover the papers and documents which he may not be able to explain. The assessee bifurcated his own disclosure of Rs.3.50 lakhs in respect to two parts, i.e. Rs.70,00,000 for the assessment year 2008-09 and Rs.2.80 lakhs for the assessment year

ACIT, CENTRAL CIRCLE - 2(3), KOLKATA , KOLKATA vs. DILIP KUMAR MODI, KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

purchases and sales are correctly recorded and the disclosure was made just to cover the papers and documents which he may not be able to explain. The assessee bifurcated his own disclosure of Rs.3.50 lakhs in respect to two parts, i.e. Rs.70,00,000 for the assessment year 2008-09 and Rs.2.80 lakhs for the assessment year

ACIT, CENTRAL CIRCLE - 2(3), KOLKATA , KOLKATA vs. SHRI MURARILAL AGARWAL, KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

purchases and sales are correctly recorded and the disclosure was made just to cover the papers and documents which he may not be able to explain. The assessee bifurcated his own disclosure of Rs.3.50 lakhs in respect to two parts, i.e. Rs.70,00,000 for the assessment year 2008-09 and Rs.2.80 lakhs for the assessment year

ACIT, CENTRAL CIRCLE - 2(3), KOLKATA , KOLKATA vs. KAMALESH AGARWAL, KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

purchases and sales are correctly recorded and the disclosure was made just to cover the papers and documents which he may not be able to explain. The assessee bifurcated his own disclosure of Rs.3.50 lakhs in respect to two parts, i.e. Rs.70,00,000 for the assessment year 2008-09 and Rs.2.80 lakhs for the assessment year

URVASHI SAREES PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), , KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

Bench: ITAT, Kolkata were collected and prepared | | 18.01.2025 | 2nd Appeal was filed |

bogus purchases. 2.4 Aggrieved with the assessment order the assessee filed an appeal before the Ld. CIT(A) where he could get partial relief. Further aggrieved with the order of the Ld. CIT(A) both the assessee and Revenue have filed the appeals before this Tribunal. 3. Rival contentions were heard and the submissions made have been examined

PRAMOD LAKRA DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. URVASHI SAREES PVT. LTD, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal of Revenue is dismissed

Bench: ITAT, Kolkata were collected and prepared | | 18.01.2025 | 2nd Appeal was filed |

bogus purchases. 2.4 Aggrieved with the assessment order the assessee filed an appeal before the Ld. CIT(A) where he could get partial relief. Further aggrieved with the order of the Ld. CIT(A) both the assessee and Revenue have filed the appeals before this Tribunal. 3. Rival contentions were heard and the submissions made have been examined

SHRI JYOTI MOHAN MALL,KOLKATA vs. CIT, KOL - XV, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri K.Narsimha Charyassessment Year:2003-04

1) that the Assessing Officer should also be satisfied that such valuable article or books of account or documents belonging to the other person must be shown to show to conclusively reflect or disclose any undisclosed income. 16. It will be appreciated from the above that the procedure envisaged by Section 153C which is applicable to the petitioner herein, does

ACIT, CENTRAL CIRCLE-2(3), KOLKATA, KOLKATA vs. SHRI RAMAUTAR GROURISARIA, KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

153A assessment proceedings. He further initiated the impugned penalty proceedings u/s 271AAB of the Act. He concluded in his penalty order dated 29.09.2015 that the assessee’s disclosure of ₹225,00,000/- amounted to “undisclosed income” inviting impugned penal proceedings u/s 271AAB of the Act. He observed in his penalty order that this group’s disclosure

DCIT,CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. M/S ASHARA VINIMAY PVT. LTD., KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

153A assessment proceedings. He further initiated the impugned penalty proceedings u/s 271AAB of the Act. He concluded in his penalty order dated 29.09.2015 that the assessee’s disclosure of ₹225,00,000/- amounted to “undisclosed income” inviting impugned penal proceedings u/s 271AAB of the Act. He observed in his penalty order that this group’s disclosure

DCIT,CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. M/S INDRADEV VYAPAAR PVT. LTD., KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

153A assessment proceedings. He further initiated the impugned penalty proceedings u/s 271AAB of the Act. He concluded in his penalty order dated 29.09.2015 that the assessee’s disclosure of ₹225,00,000/- amounted to “undisclosed income” inviting impugned penal proceedings u/s 271AAB of the Act. He observed in his penalty order that this group’s disclosure

DCIT,CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. M/S ALISSA NIRMANS PVT. LTD., KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

153A assessment proceedings. He further initiated the impugned penalty proceedings u/s 271AAB of the Act. He concluded in his penalty order dated 29.09.2015 that the assessee’s disclosure of ₹225,00,000/- amounted to “undisclosed income” inviting impugned penal proceedings u/s 271AAB of the Act. He observed in his penalty order that this group’s disclosure

DCIT,CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. M/S CHAND TIE-UP PVT. LTD., KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

153A assessment proceedings. He further initiated the impugned penalty proceedings u/s 271AAB of the Act. He concluded in his penalty order dated 29.09.2015 that the assessee’s disclosure of ₹225,00,000/- amounted to “undisclosed income” inviting impugned penal proceedings u/s 271AAB of the Act. He observed in his penalty order that this group’s disclosure

DCIT,CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. M/S PASUPATI COMMERCE PVT. LTD., KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

153A assessment proceedings. He further initiated the impugned penalty proceedings u/s 271AAB of the Act. He concluded in his penalty order dated 29.09.2015 that the assessee’s disclosure of ₹225,00,000/- amounted to “undisclosed income” inviting impugned penal proceedings u/s 271AAB of the Act. He observed in his penalty order that this group’s disclosure

M/S V.A.R.ALLOY & STEEL PVT. LTD.,KOLKATA vs. ITO, WARD-3(2), KOLKATA, KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

153A assessment proceedings. He further initiated the impugned penalty proceedings u/s 271AAB of the Act. He concluded in his penalty order dated 29.09.2015 that the assessee’s disclosure of ₹225,00,000/- amounted to “undisclosed income” inviting impugned penal proceedings u/s 271AAB of the Act. He observed in his penalty order that this group’s disclosure

DCIT, CENTRAL CIRCLE - 2(2), KOLKATA, KOLKATA vs. M/S. CALCUTTA INDUSTRIAL SUPPLY CORP., KOLKATA

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

purchasing peace and assessment has been made based upon the aforesaid offerings, even if no assurance in writing is given by the searching party, it may be clearly inferred that such an inducement must have been given by the searching party. When only partial evidence or no evidence in support of concealment was detected during the search, why would