DCIT CENTRAL CIRCLE 1(4), KOLKATA, KOLKATA vs. EDUCO VENTURES PVT LTD, KOLKATA

Appeal is dismissed

Bench: the AO.

u/s 133A which shows any kind of discrepancy or defect in the transaction of advance from the parties. There is no evidence found in the survey or any other enquiry conducted by the DDIT(Inv.) in the post survey period or by the A.O. in the assessment proceedings, where it can be alleged that the assessee has purchased cheques

EDUCO VENTURES PVT. LTD.,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE - 1(4), KOLKATA

Appeal is dismissed

Bench: the AO.

u/s 133A which shows any kind of discrepancy or defect in the transaction of advance from the parties. There is no evidence found in the survey or any other enquiry conducted by the DDIT(Inv.) in the post survey period or by the A.O. in the assessment proceedings, where it can be alleged that the assessee has purchased cheques

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. EDUCO VENTURES PVT LTD., KOLKATA

Appeal is dismissed

Bench: the AO.

u/s 133A which shows any kind of discrepancy or defect in the transaction of advance from the parties. There is no evidence found in the survey or any other enquiry conducted by the DDIT(Inv.) in the post survey period or by the A.O. in the assessment proceedings, where it can be alleged that the assessee has purchased cheques

EDUCO VENTURES PVT. LTD.,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE - 1(4), KOLKATA

Appeal is dismissed

Bench: the AO.

u/s 133A which shows any kind of discrepancy or defect in the transaction of advance from the parties. There is no evidence found in the survey or any other enquiry conducted by the DDIT(Inv.) in the post survey period or by the A.O. in the assessment proceedings, where it can be alleged that the assessee has purchased cheques

M/S. BHAGAWATI OXYGEN LTD.,KOLKATA vs. DCIT, CIRCLE - 8(1), KOLKATA

Bench: Shri J. Sudhakar Reddy, Am & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A Nos.1473&1474/Kol/2019 ("नधा"रण वष" / Assessment Years: 2013-14 & 2015-16) Bhagawati Oxygen Ltd. Vs. Dcit, Circle-8(1), Kolkata

survey u/s 133A of the Act on HHBRF. A statement was recorded from Shri Swapan Ranjan Dasgupta, Founder Director of HHBRF. The Revenue alleged that Shri Swapan Ranjan Dasgupta admitted that they had received such donation and thereafter returned these donations in cash through some operators, to the donor, in lieu of a commission. The Revenue alleged that

M/S. BHAGAWATI OXYGEN LTD.,KOLKATA vs. DCIT, CIRCLE - 8(1), KOLKATA

Bench: Shri J. Sudhakar Reddy, Am & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A Nos.1473&1474/Kol/2019 ("नधा"रण वष" / Assessment Years: 2013-14 & 2015-16) Bhagawati Oxygen Ltd. Vs. Dcit, Circle-8(1), Kolkata

survey u/s 133A of the Act on HHBRF. A statement was recorded from Shri Swapan Ranjan Dasgupta, Founder Director of HHBRF. The Revenue alleged that Shri Swapan Ranjan Dasgupta admitted that they had received such donation and thereafter returned these donations in cash through some operators, to the donor, in lieu of a commission. The Revenue alleged that

M/S. K.R. TRADELINK PRIVATE LIMITED. ,HOWRAH vs. NE-AC, DELHI. , DELHI.

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

Bench: Shri Rajesh Kumar, Am& Shri Pradip Kumar Choubey]

u/s. 133A of the Act on 12.01.2018. During the course of survey proceedings, it was noticed by the survey team that the company has made bogus purchases

MANGILAL JAIN ,DARJEELING vs. ITO, WARD - 3(3), DARJEELING , DARJEELING

Appeal is allowed

Bench: Shri S.S, Godaraassessment Year:2014-15 Mangilal Jain Income Tax Officer, बनाम / C/O Advocate Pradip Ward-3(3), Nr. Lal V/S. Lakhotia, 2Nd Floor, Metro Kothi, Darjeeling Plaza, Sf Road, Siliguri-734005 [Pan No.Afkpj 4178 D] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Dhiraj Lakhotia, A.R अपीलाथ" क" ओर से/By Appellant Shri C.J. Singh, Jcit-Sr-Dr ""यथ" क" ओर से/By Respondent 05-03-2019 सुनवाई क" तार"ख/Date Of Hearing 15-05-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R This Assessee’S Appeal For Assessment Year 2014-15 Arises Against The Commissioner Of Income-Tax (Appeals)-Siliguri’S Order Dated 22.03.2018 Passed In Case No.69/Cit(A)/Slg/2016-17, Involving Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S Sole Substantive Grievance Raised In The Instant Appeal Seeks To Reverse Both The Lower Authorities Findings Treating His Short Term Capital Loss (Stcl) Arising From Sale Of Shares After Payment Of Security Transaction Tax (Stt), Amounting To ₹1,92,320/- As Bogus Unexplained Cash Credits. The Cit(A)’S Detailed Discussion To This Effect Reads As Under:- “4. Decision :- I Have Perused The Assessment Order, The Grounds Of Appeal & The Submissions Made By The Ld.. A/R On Behalf Of The Appellant. My Observations & Findings Are As Under :- 4.1. The Present Appeal Emanates After Disallowing Rs. 11,92,320/- Arising Out Of Shares Transaction & Treated The Same As Bogus. In This Case The Assessee Purchased 32000 Shares Of Global Infratech & Finance Ltd. Through Eureka Stock & Shares Broking Services Limited @ Rs. 77.37 Per Share Aggregating To Rs. 24,79,714/- On 11.02.2014 & Further Sold The

survey operation u/s 133A of the I. T. Act, 1961 conducted on 30.03.2015 at the business premises of Eureka Stock and Shares Broking Services Limited also confirms that the company provides transactions in bogus scrips/penny stocks through their broking house to these paper companies. In view of the findings as recorded by the Investigation Wing, you are being show caused

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LIMITED, KOLKATA

In the result, the appeals of the Revenue are dismissed and the COs of the assessee are partly allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

133A of the Act was conducted on the premises of the assessee on 04.011.2019, during which some documents were found. Based on the findings of the survey team, the ld. AO reopened the assessment u/s 147 of the Income-tax Act, 1961 (the Act) by issuing notice u/s 148 of the Act on 01.04.2021, which were duly served upon

DCIT CENTRAL CIRCLE 1 4 KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LIMITED, KOLKATA

In the result, the appeals of the Revenue are dismissed and the COs of the assessee are partly allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

133A of the Act was conducted on the premises of the assessee on 04.011.2019, during which some documents were found. Based on the findings of the survey team, the ld. AO reopened the assessment u/s 147 of the Income-tax Act, 1961 (the Act) by issuing notice u/s 148 of the Act on 01.04.2021, which were duly served upon

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LIMITED, KOLKATA

In the result, the appeals of the Revenue are dismissed and the COs of the assessee are partly allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

133A of the Act was conducted on the premises of the assessee on 04.011.2019, during which some documents were found. Based on the findings of the survey team, the ld. AO reopened the assessment u/s 147 of the Income-tax Act, 1961 (the Act) by issuing notice u/s 148 of the Act on 01.04.2021, which were duly served upon

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. MURLIDHAR RATANLAL EXPORTS LIMITED, KOLKATA

In the result, the appeals of the Revenue are dismissed and the COs of the assessee are partly allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

133A of the Act was conducted on the premises of the assessee on 04.011.2019, during which some documents were found. Based on the findings of the survey team, the ld. AO reopened the assessment u/s 147 of the Income-tax Act, 1961 (the Act) by issuing notice u/s 148 of the Act on 01.04.2021, which were duly served upon

DCIT, CIRCLE-3(1), KOLKATA, KOLKATA vs. M/S. DIVINE ALLOYS & POWER CO. LIMITED , KOLKATA

In the result, appeal of the assessee is dismissed and that of the revenue is partly allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2012-13 Divine Alloys & Power Co. Ltd. Deputy Commissioner Of Block-A-139, Regent Estate, Income - Tax, Circle-3(1), Vs. 176/14/139, Rajpur Road, Kolkata. Kolkata-700092. (Pan: Aaccd 1367 Q) (Appellant) (Respondent)

survey was conducted u/s. 133A of the Act and was stated to be engaged in providing bogus bills to different parties. Ld. AO identified the following transactions of purchase

M/S. DIVINE ALLOYS & POWER CO. LIMITED ,KOLKATA vs. DCIT, CIRCLE-3(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed and that of the revenue is partly allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2012-13 Divine Alloys & Power Co. Ltd. Deputy Commissioner Of Block-A-139, Regent Estate, Income - Tax, Circle-3(1), Vs. 176/14/139, Rajpur Road, Kolkata. Kolkata-700092. (Pan: Aaccd 1367 Q) (Appellant) (Respondent)

survey was conducted u/s. 133A of the Act and was stated to be engaged in providing bogus bills to different parties. Ld. AO identified the following transactions of purchase

SANJAY TRANSPORT AGENCY,RANIGANJ vs. ACIT, CIR. 3(1), ASANSOL

In the result, the appeal of the assessee is allowed and the cross- appeal of the revenue is dismissed

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A No.567/Kol/2020 Assessment Year: 2010-11 Sanjay Transport Agency............................................................................….. Appellant 41, N.S.B. Road, Raniganj – 713347. [Pan: Aavfs6659N] Vs. Acit, Circle-3(1), Asansol...............................................................…… …. Respondent I.T.A No.633/Kol/2020 Assessment Year: 2010-11 Ito, Ward-3(1), Asansol............................................................................….. Appellant Vs. Sanjay Transport Agency...............................................................…… …. Respondent 41, N.S.B. Road, Raniganj – 713347. [Pan: Aavfs6659N] Appearances By: Shri Anil Kochar, Adv. & Shri Aryan Kochar, Ca, Appeared On Behalf Of The Appellant. Shri Vivek Verma, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 10, 2023 Date Of Pronouncing The Order : March 13, 2023 आदेश / Order मनीष बोरड, लेखा सद"य "वारा / Per Manish Borad: The Above Captioned Appeal For Assessment Year 2010-11 Filed By The Assessee & Cross Appeal Filed By The Revenue Are Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Asansol Both Dated 22.09.2020 Are Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961 (Hereinafter Referred To As The ‘Act’). The Assessee In Ita No.567/Kol/2020 Has Taken The Following 2. Grounds Of Appeal:

u/s 133A of the Act conducted on 26.03.2010, has gone through the profit and loss account filed by the assessee in the course of survey operation as well as audited financial statement filed in the course of assessment proceedings and came to the conclusion that the assessee has claimed bogus expenditure towards purchase

ITO, WARD-3(1), ASANSOL vs. SANJAY TRANSPORT AGENCY, RANIGUNG

In the result, the appeal of the assessee is allowed and the cross- appeal of the revenue is dismissed

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A No.567/Kol/2020 Assessment Year: 2010-11 Sanjay Transport Agency............................................................................….. Appellant 41, N.S.B. Road, Raniganj – 713347. [Pan: Aavfs6659N] Vs. Acit, Circle-3(1), Asansol...............................................................…… …. Respondent I.T.A No.633/Kol/2020 Assessment Year: 2010-11 Ito, Ward-3(1), Asansol............................................................................….. Appellant Vs. Sanjay Transport Agency...............................................................…… …. Respondent 41, N.S.B. Road, Raniganj – 713347. [Pan: Aavfs6659N] Appearances By: Shri Anil Kochar, Adv. & Shri Aryan Kochar, Ca, Appeared On Behalf Of The Appellant. Shri Vivek Verma, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 10, 2023 Date Of Pronouncing The Order : March 13, 2023 आदेश / Order मनीष बोरड, लेखा सद"य "वारा / Per Manish Borad: The Above Captioned Appeal For Assessment Year 2010-11 Filed By The Assessee & Cross Appeal Filed By The Revenue Are Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Asansol Both Dated 22.09.2020 Are Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961 (Hereinafter Referred To As The ‘Act’). The Assessee In Ita No.567/Kol/2020 Has Taken The Following 2. Grounds Of Appeal:

u/s 133A of the Act conducted on 26.03.2010, has gone through the profit and loss account filed by the assessee in the course of survey operation as well as audited financial statement filed in the course of assessment proceedings and came to the conclusion that the assessee has claimed bogus expenditure towards purchase

ITO, WARD 22(2), KOLKATA, KOLKATA vs. M/S. K.B. MEDICAL AGENCY, KOLKATA

In the result, the appeals of the Revenue in I

Bench: Shri S.S.Godara, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1209,1210&1211/Kol/2017 (िनधा"रणवष" / Assessment Years :2010-11 To 2012-13

bogus purchases of Rs. 4,30,819/-. The Assessing Officer found that the assessee had claimed purchases of Rs. 25,12,57,437/- in the audited books of accounts. On the other hand, the purchase worth Rs. 19,76,37,113/- had been made during the relevant previous year till the date of survey u/s 133A

M/S. K.B. MEDICAL AGENCY,KOLKATA vs. ITO, WARD 22(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue in I

Bench: Shri S.S.Godara, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1209,1210&1211/Kol/2017 (िनधा"रणवष" / Assessment Years :2010-11 To 2012-13

bogus purchases of Rs. 4,30,819/-. The Assessing Officer found that the assessee had claimed purchases of Rs. 25,12,57,437/- in the audited books of accounts. On the other hand, the purchase worth Rs. 19,76,37,113/- had been made during the relevant previous year till the date of survey u/s 133A