SHRI RAGHVENDRA MOHTA,KOLKATA vs. ACIT, CIRCLE - 36, KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2014-15

gain from sale of shares of Ashika Credit Capital Ltd. of Rs.29,73,500/- for sale of Rs.42,27,500/- which has been claimed as exempt u/s. 10(38) of the Act. Several other disallowance/additions were made towards bogus interest u/s. 69C, interest expenditure attributable to negative capital, u/s. 14A read with Rule 8D and on account of dividend stripping

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

capital gain and other sources for the year under consideration. A search & seizure operation was conducted on 30-06-2003 ITA No.819/Kol/2010 A.Y. 2003-04 Sh. Jyoti Mohan Mall vs. CIT, XV, Kol. Page 2 and on subsequent date on the MALL GROUP of cases. The assessee is a member of the group. During the period of search certain documents

DCIT,CC-VII, KOLKATA, KOLKATA vs. SURYA PRAKASH BAGLA, KOLKATA

Bench: Shri M. Balaganesh, Am & Shri K. Narsimha Chary, Jm]

section 153C and without proper recording of satisfaction etc. since in respect of all the additions made in the hands of the petitioner, the papers and documents had been seized not from your appellant but from some other persons and hence the AO was required statutorily to record satisfaction; and c) the Search warrant / Panchanama being in the Joint names

SRI SURYA PRAKASH BAGLA,KOLKATA vs. DCIT, CENTRAL CIRCLE - VII, KOLKATA, KOLKATA

Bench: Shri M. Balaganesh, Am & Shri K. Narsimha Chary, Jm]

section 153C and without proper recording of satisfaction etc. since in respect of all the additions made in the hands of the petitioner, the papers and documents had been seized not from your appellant but from some other persons and hence the AO was required statutorily to record satisfaction; and c) the Search warrant / Panchanama being in the Joint names

SRI SURYA PRAKASH BAGLA,KOLKATA vs. DCIT, CENTRAL CIRCLE - VII, KOLKATA, KOLKATA

Bench: Shri M. Balaganesh, Am & Shri K. Narsimha Chary, Jm]

section 153C and without proper recording of satisfaction etc. since in respect of all the additions made in the hands of the petitioner, the papers and documents had been seized not from your appellant but from some other persons and hence the AO was required statutorily to record satisfaction; and c) the Search warrant / Panchanama being in the Joint names

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. MEENAKSHI MERCANTILES LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dcit, Circle-11(1), Meenakshi Mercantiles Limited Kolkata Room No 504, Woodburn Aayakar Bhawan, 6Thfloor, P-7, Central, 5A,Bibhabati Bose, Vs. Chowringhee Square, Kolkata, Sarani Kolkata, West Bengal, 700069 Westbengal-700020 (Appellant) (Respondent) Pan No. Aadcm1113E Assessee By : Shri S.K. Tulsiyan & Smt. Lata Goyal, Ars Revenue By : Shri Sailen Samadder, Dr Date Of Hearing: 19.03.2025 Date Of Pronouncement : 02.04.2025

1), Meenakshi Mercantiles Limited Kolkata Room No 504, Woodburn Aayakar Bhawan, 6thFloor, P-7, Central, 5A,Bibhabati Bose, Vs. Chowringhee Square, Kolkata, Sarani Kolkata, West Bengal, 700069 WestBengal-700020 (Appellant) (Respondent) PAN No. AADCM1113E Assessee by : Shri S.K. Tulsiyan, & Smt. Lata Goyal, Ars Revenue by : Shri Sailen Samadder, DR Date of hearing: 19.03.2025 Date of pronouncement

SMT. NITA SETHIA ,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(3), , KOLKATA

Appeal is allowed

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2012-13 Smt. Nita Sethia V/S. Dcit, Central Circle- 5, Janki Shah Road, 1St 3(3), 110, Shanti Pally, Floor, Hastings, Aayakar Bhavan, Kolkata-700022 Poorva, E.M. Bye Pass, [Pan No.Ajwps 8335 H] Nr. Ruby Hospital, Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.M. Surana, Advocate अपीलाथ" क" ओर से/By Appellant Shri P.K. Srihari, Cit-Dr ""यथ" क" ओर से/By Respondent 12-11-2018 सुनवाई क" तार"ख/Date Of Hearing 30-11-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For The Assessment Year 2012-13 Arises Against Commissioner Of Income Tax (Appeals)-21, Kolkata’S Order Dated 31.08.2018 Passed In Case No.930/Acit,Cc-3(3)/Cit(A)-21/Kol/2015-16, Involving Proceedings U/S 153A R.W.S.143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee Raises Two Substantive Grounds In Her Instant Appeal. Her Former Legal Grievance Challenges Validity Of Sec. 153A Proceedings In Absence Of Any Incriminating Material Found Or Seized During The Course Of Search. This Follows Her Latter Substantive Ground On Merits That The Assessing Officer & The Cit(A) Have Erred In Law As Well As On Facts In Treating Long

Capital Gains (LTCG) in question of ₹61,62,460/- from sale of shares in M/s Dignity Suppliers P Ltd. as bogus giving rise to sec. 68 addition in issue. 3. This assessee is assessed as an individual. She filed her regular return on 30.07.2012. The same stood summarily processed. There can hardly be any dispute that the last date

DCIT, CC-1(4), KOLKATA, KOLKATA vs. KKALPANA INDUSTRIES INDIA LIMITED, KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.452/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2016-2017) Dcit, Cc-1(4), Kolkata Vs Kkalpana Industries India Ltd. 2B, Pretoria Street, Middleton Row, Kolkata-700071 Pan No. :Aabck 2239 D (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate & Ms. Puja Somani, Ca रधजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 24/06/2025 घोषणा की तारीख/Date Of Pronouncement : 25/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Revenue Against The Order Dated 13.11.2024, Passed By The Ld. Cit(A), Kolkata-20, Passed In Din & Order No.Itba/Apl/S/250/2024-25/1070338584(1), For The Assessment Year 2016-2017. 2. Shri P.N.Barnwal, Ld.Cit-Dr Appeared On Behalf Of The Revenue & Shri S.K.Tulsiyan, Advocate With Ms. Puja Somani, Ca, Appeared On Behalf Of The Assessee. 3. A Perusal Of The Appeal Record, We Find That The Appeal Of The Revenue Has Been Filed Belatedly By 28 Days. In This Regard, The Revenue Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons Which Are Plausible & Not Found To Be False. Thus, The Delay Of 28 Days In Filing The Appeal Is Condoned & Appeal Is Admitted For Hearing.

gains of business, the break-up of Rs.26.69 cr and the reasons as to why the assessee is eligible to claim the same was submitted as follows: Particulars Rs. in Remarks crores Extraordinary Item 26.69 Claim not received from the debited in profit and Insurance Company debited in profit Loss A/c (a) and Loss A/c, being loss incurred

DCIT,CIRCLE-1, SILIGURI, SILIGURI vs. M/S ANAND KUMAR AGARWAL, SILIGURI

Appeal is dismissed

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2011-12 Dcit Circle-1, V/S. Anand Kumar Agarwal Aayakar Bhawan, C/O Sky Wheels Pvt. Ltd. Paribahan Nagar, Paribahan Nagar, Matigar, Matigara, Siliguri, Pin Siliguri-734010 734010 [Pan No.Acrpa 8801 A] .. अपीलाथ" /Appellant ""यथ"/Respondent Md. Usman, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Ravi Tulsiyan, Fca ""यथ" क" ओर से/By Respondent 31-05-2018 सुनवाई क" तार"ख/Date Of Hearing 08-06-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2011-12 Challenges Correctness Of The Commissioner Of Income Tax (Appeals)-Siliguri’S Order Dated 07.12.2016 In Case No.133/Cit(A)/Slg/2015-16, Reversing The Assessing Officer’S Action Making Undisclosed On-Money Addition Of ₹1,10,00,000/-, Involving Proceedings U/S 143(3) R.W 153C Of The Income Tax Act, 1961; In Short ‘The Act’. 2. We Come To The Relevant Facts Pertaining To The Above Sole Issue. This Assessee Is Admittedly The Legal Heir Of Late Shri Bhanwarlal Agarwal. The Said Predecessor In Interest Co-Owned Capital Asset In Question Along With S/Sh R.K. Agarwal, Hanumnmal, Mahendra & Pawan Bansal(S). All The Said Joint Owners Sold The Relevant Asset On 21.01.2011 To M/S Patron Vinimay Pvt. Ltd. For ₹3,58,25,000/- Received Through Banking Channel. The Assessee’S

section 153C proceedings vide notice dated 06.08.2014. 3. The assessee filed his return in response thereto on 01.09.2014 stating total income of ₹1,32,39,760/-. He computed his long term capital gains

M/S AJANTA RUBBER (INDIA) PVT. LTD.,KOLKATA vs. ITO, WD-7(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri J. Sudhakar Reddy, Am & Shri S.S. Viswanethra Ravi, Jm I.T.A. No. 332/Kol/2014 Assessment Year: 2004-05 M/S. Ajanta Rubber (India) Pvt. Ltd................................…………………………………..Appellant 79/2, A.J.C. Bose Road, Kolkata – 700 014. [Pan: Aacca 2033 Q] Ito Ward 7(1) Kolkata....……………………………………………………...........................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata – 700 069. Appearances By: Shri S. Jhajharia, Ar Appearing On Behalf Of The Assessee. Shri G. Mallikarjula, Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : May 2, 2018 Date Of Pronouncing The Order : July 27 , 2018 Order

section 153A/153C of the Act. 2. The assessee filed an application dated 17.10.2016 seeking permission to file revised grounds of appeal which are read as under: “1. For that in view of the facts and circumstances of the case the Ld. CIT(A) erred in holding the proceeding u/s 153C and the consequent order thereof as valid and in view