M/S. AJANTA MERCHANTS PVT. LTD.,KOLKATA vs. I.T.O., WARD-8(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

capital gain.” 8. Considering the above facts of the assessee’s case and ratio laid down in the above decisions we are of the considered opinion that the case of the assessee has been re-opened by recording reasons which are factually incorrect and therefore the reopening cannot be sustained. Consequently we reverse the order

NAVANSH VINIMAY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 8(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

69C of the Act along with the sum of Rs. 63,76,486/- added under section 68 of the Act as unexplained cash credit. 4. Aggrieved with the assessment order, the assessee preferred an appeal before the Ld. CIT(A), who vide order dated 25.10.2022 dismissed the appeal. The relevant extracts from the order of Ld. CIT(A) containing

DICO TRANSPORT CORPORATION LTD.,KOLKATA vs. I.T.O.,WARD-1(4), KOLKATA

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

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

Section 14A of the Act by Finance Act, 2022, will be applicable prospectively and also held that disallowance u/s 14A of the Act should not exceed the exempt income earned by the assessee during the year, delete the disallowance and allow Ground No. 5. 4. Another issues raised in Ground Nos. 1, 2, 3, 4, 6 and 7 is regarding

MANISH PARASRAMPURIA,KOLKATA vs. A.O., NFAC / D.C.I.T., CIRCLE-43, KOLKATA, KOLKATA

In the result, appeal of the assessee is partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16

Capital Gain in disguise of transacting In the shares of M/s Sulabh Engineers and Services Ltd. Hence, based on the findings and surrounding circumstances and considering the aspect of human probability in transacting In such a script, the LTCG&STCG claimed by the assessee has been treated as a bogus or Sham transaction which Is nothing but a colourable device

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

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

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

69C of the Act on account of commission paid for accommodation entry despite the assessee failing to establish the genuineness of the transactions and the identity and creditworthiness of the creditors? 4. Whether the Ld. CIT(A) has erred in facts and in law by restricting the disallowance of Rs. 18,67,227/- under section

DEPUTY COMMISSOENR OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

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

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

69C of the Act on account of commission paid for accommodation entry despite the assessee failing to establish the genuineness of the transactions and the identity and creditworthiness of the creditors? 4. Whether the Ld. CIT(A) has erred in facts and in law by restricting the disallowance of Rs. 18,67,227/- under section

WINSHER COMMERCIAL PVT. LTD.,KOLKATA vs. I.T.O., WARD - 14(2), PRESENTLY D.C.I.T., CIRCLE-11(1), KOLKATAKOLKATA, KOLKATA

Appeal of the assessee is allowed for statistical purposes

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 668/Kol/2022 Assessment Year: 2014-2015 Winsher Commercial Pvt. Limited,…....….Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata-700069 [Pan:Aaacw3125H] -Vs.- Income Tax Officer,………………………………Respondent Ward-14(2), Kolkata, [Presently Dcit, Circle-11(1), Kolkata], Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee Shri B.K. Singh, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : March 21, 2024 Date Of Pronouncing The Order : May 13, 2024 O R D E R

capital gain and claimed exemption under section 10(38) of the Income Tax Act. Such gains 2 Winsher Commercial Pvt. Limited were manipulated by entry operators. Copy of the show-cause notice has been reproduced by the ld. Assessing Officer on page no. 1 of the assessment order. The ld. Assessing Officer thereafter reproduced the information given

RANJIT KUMAR MODI,KOLKATA vs. I.T.O., WARD - 44(2),, KOLKATA

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 1753/Kol/2024 Assessment Year: 2013-2014 Ranjit Kumar Modi,………………………....……Appellant Room No. 419, 4Th Floor, 39, Kali Krishna Tagore Street, Burra Bazar, Kolkata-700007 [Pan:Ajkpm9611Q] -Vs.- Income Tax Officer,……………………………..Respondent Ward-44(2), Kolkata, 3, Government Place (West), Kolkata-700001 Appearances By: Shri Bishnu Kant Agarwal, C.A, Appeared On Behalf Of The Assessee Shri Mrinmay Basak, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: October 13, 2025 Date Of Pronouncing The Order: October 30, 2025 O R D E R

capital gain as per section 10(38) of the Act. Ld. Assessing Officer determined the total taxable income of the assessee at Rs.23,63,746/- (i.e. total income shown as per income tax return Rs.4,74,110/- plus sales value in respect of bogus LTCG claimed u/s 68 of the Act amounting to Rs.17,99,654/- plus commission

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 ROHIT AGARWAL ,KOLKATA vs. ACIT, CIRCLE - 36, , KOLKATA

In the result, appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2014-15 Rohit Agarwal Assistant Commissioner Of C/O Salarpuria Jajodia & Co. Income Tax, Circle-36, Vs. 7, C. R. Avenue, Kolkata- Kolkata. 700072. (Pan: Annpa0403B) (Appellant) (Respondent)

capital gain as unexplained expenditure u/s. 69C of the Act. Aggrieved, assessee went in appeal before the Ld. CIT(A) who confirmed the addition. Aggrieved, assessee is in appeal before the Tribunal. 4. We find that there are large number of assessees, who have transacted with such kind of equity shares and claimed exemption under section

ITO, KOLKATA vs. AJIT KUMAR MINDA, KOLKATA

In the result, the appeal of the Revenue and cross objections of the\nassessee are dismissed

capital gains and income from other\nsources. The assessment in the case of the assessee for the assessment\nyear 2015-16 was passed u/s 143(3) as complete scrutiny vide assessment\norder dated 20.04.2017 by discussing all issues. Subsequently, the case\nof the assessee was reopened u/s 147 of the Act and notice u/s 148 of the\nAct was issued

SHRI VIJAY AGARWAL,KOLKATA vs. A.C.I.T.,CENTRAL CIRCLE-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

69C by adopting an ad hoc rate of 5% on the amount of Rs.87,36,730/- towards commission charged by the entry operator for providing and facilitating accommodation entry. Aggrieved, assessee went in appeal before the Ld. CIT(A) who 2624/Kol/2019, AYs 2015-16 dismissed the same. Aggrieved, assessee is in appeal before the Tribunal. 4. Before us, Ld. Counsel

SHRI AMIT AGARWAL,KOLKATA vs. A.C.I.T.,CC-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

69C by adopting an ad hoc rate of 5% on the amount of Rs.87,36,730/- towards commission charged by the entry operator for providing and facilitating accommodation entry. Aggrieved, assessee went in appeal before the Ld. CIT(A) who 2624/Kol/2019, AYs 2015-16 dismissed the same. Aggrieved, assessee is in appeal before the Tribunal. 4. Before us, Ld. Counsel

SHRI SHREY AGARWAL,KOLKATA vs. A.C.I.T.,CIRCLE-3(40, KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

69C by adopting an ad hoc rate of 5% on the amount of Rs.87,36,730/- towards commission charged by the entry operator for providing and facilitating accommodation entry. Aggrieved, assessee went in appeal before the Ld. CIT(A) who 2624/Kol/2019, AYs 2015-16 dismissed the same. Aggrieved, assessee is in appeal before the Tribunal. 4. Before us, Ld. Counsel

SHRI MAHESH AGARWAL,KOLKATA vs. A.C.I.T.,CENTRAL CIRCLE-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

69C by adopting an ad hoc rate of 5% on the amount of Rs.87,36,730/- towards commission charged by the entry operator for providing and facilitating accommodation entry. Aggrieved, assessee went in appeal before the Ld. CIT(A) who 2624/Kol/2019, AYs 2015-16 dismissed the same. Aggrieved, assessee is in appeal before the Tribunal. 4. Before us, Ld. Counsel

SHRI KAMAL AGARWAL,KOLKATA vs. A.C.I.T.,CENTRAL CIRCLE-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

69C by adopting an ad hoc rate of 5% on the amount of Rs.87,36,730/- towards commission charged by the entry operator for providing and facilitating accommodation entry. Aggrieved, assessee went in appeal before the Ld. CIT(A) who 2624/Kol/2019, AYs 2015-16 dismissed the same. Aggrieved, assessee is in appeal before the Tribunal. 4. Before us, Ld. Counsel

SHRI DINESH AGARWAL,KOLKATA vs. A.C.I.T.,CENTRAL CIRCLE-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

69C by adopting an ad hoc rate of 5% on the amount of Rs.87,36,730/- towards commission charged by the entry operator for providing and facilitating accommodation entry. Aggrieved, assessee went in appeal before the Ld. CIT(A) who 2624/Kol/2019, AYs 2015-16 dismissed the same. Aggrieved, assessee is in appeal before the Tribunal. 4. Before us, Ld. Counsel

SHRI KISHORE KUMAR AGARWAL,KOLKATA vs. A.C.I.T.,CIRCLE-3(4), KOLKATA

In the result, all the seven appeals of the assessee are allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Amit Agarwal, Assistant Commissioner Of 49A, Tollygunge Circular Road, Vs. Income Tax, Central Circle- New Alipore, Kolkata-700053. 3(4), Kolkata. (Pan: Agapa0320R) (Appellant) (Respondent)

69C by adopting an ad hoc rate of 5% on the amount of Rs.87,36,730/- towards commission charged by the entry operator for providing and facilitating accommodation entry. Aggrieved, assessee went in appeal before the Ld. CIT(A) who 2624/Kol/2019, AYs 2015-16 dismissed the same. Aggrieved, assessee is in appeal before the Tribunal. 4. Before us, Ld. Counsel