DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. SURESH KUMAR BANTHIA, KOLKATA

In the result, the appeal of the Revenue is dismissed and the Cross\nObjection of the assessee is partly allowed

condone\nthe delay and admit the appeal for hearing.\n3.\nThe issue raised by the Revenue in ground no.1 is against the order\nof Id. CIT (A) annulling the assessment framed u/s 147 of the\nIncome-tax Act, 1961 (the Act) by the Id. AO on the ground of being\ninvalid and void ab initio without considering the facts

DCIT,CIRCLE-4, KOLKATA, KOLKATA vs. M/S. DERBY TEA & INDUSTRIES PVT LTD., KOLKATA

In the result, appeal filed by Revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri Waseem Ahmedassessment Year :1998-99

condone the delay in preferring the instant Appeal . Now let us proceed with the case on merits. First issue 5. First issue raised by Revenue is that Ld. CIT(A) has erred in deleting the addition made by Assessing Officer for Rs.35,57,392/- in case of Nagrijuli Tea Estates and Rs. 5,38,548/- in the case of Tongani

DCIT, CIRCLE - 5, KOLKATA, KOLKATA vs. M/S. HINDUSTHAN PAPER CORPN. LTD., KOLKATA

In the result, the appeal of revenue is dismissed and assessee’s CO is allowed

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

section 14A of the Act read with Rule 8D of the Rules. We find that the AO has made addition of Rs.98.23 lacs u/s 14A of the Act which is at 0.5% of Rs.1,96,46,30,000 being investment in shares of its wholly owned subsidiary Hindustan Newsprints Ltd. (HNL) from whom assessee had received dividend

NAGREEKA FOILS LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 3(1), KOLKATA

In the result, all the three appeals filed by the assessee for AYs

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

condone the delay and admit the appeal for A.Y. 2011-12 for adjudication. 2. Since the issues in all the appeals are common except for an additional issue in A.Y. 2011-12, all the appeals were heard together and are being decided vide this common order for the sake of convenience and brevity.. The assessee is in appeal before

NAGREEKA FOILS LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 3, , KOLKATA

In the result, all the three appeals filed by the assessee for AYs

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

condone the delay and admit the appeal for A.Y. 2011-12 for adjudication. 2. Since the issues in all the appeals are common except for an additional issue in A.Y. 2011-12, all the appeals were heard together and are being decided vide this common order for the sake of convenience and brevity.. The assessee is in appeal before

DCIT, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. GOLDEN GOENKA CREDIT PRIVATE LIMITED , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)

delay in filing the appeal is hereby condoned and we proceed to dispose of the appeal on merits. Golden Goenka Credit Pvt. Ltd 3. Brief facts of the case are that a search and seizure operation u/s 132(1) of the Act was conducted in respect of ‘Golden Goenka group of 18.11.2021 assessees’ on by the directorate of Income

DCIT, CIRCLE-5(1), KOLKATA vs. S K SARAWAGI AND COMPANY PRIVATE LIMITED, KOLKATA

Appeals are partly allowed

Bench: The O/O Pcit-2, Kolkata 23.01.2024 Certificate Of Filing 2Nd Appeal Was Received From The O/O Pr. Cit-2, Kolkata 24.01.2024 Necessary Hardcopies Of Documents/ Paper/ Details Required For Filing 2Nd Appeal Before The Hon’Ble Itat, Kolkata Were Collected & Prepared. 25.01.2024 2Nd Appeal Was Filed

condone the delay and admit these two appeals for adjudication. 2. The appeal in ITA No. 150/Kol/2024 arises from order dated 13.11.2023 passed by the Ld. Commissioner of Income Tax- CIT(A), Kolkata – 22, passed u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”). In ITA No. 151/Kol/2024, the appeal arises from order dated 13.11.2023 passed

DCIT CIRCLE-5(1), KOLKATA vs. S K SARAWAGI AND COMPANY PVT LTD, KOLKATA

Accordingly, the revenue succeeds partially\non this issue.\n\n7.\nConsidering the discussion above, the Revenue's appeals are partly\nallowed

condone the delay and admit these\ntwo appeals for adjudication.\n\n2. The appeal in ITA No. 150/Kol/2024 arises from order dated\n13.11.2023 passed by the Ld. Commissioner of Income Tax- CIT(A), Kolkata\n22, passed u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”). In\nITA No. 151/Kol/2024, the appeal arises from order dated 13.11.2023\npassed

DCIT, CIR.-4(1), KOLKATA vs. M/S RAV DRAVYA PVT LTD , KOLKATA

In the result, appeal of the revenues is treated as partly allowed

Bench: Shri Sanjay Garg, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 103/Kol/2021 Assessment Year: 2012-13 Deputy Commissioner Of Income M/S. Rav Dravya Private Limited Tax, Circle-4(1), Kolkata Hastings Chambers, 2Nd Floor Vs 7/C, Kiran Shankar Roy Road Kolkata - 700001 Pan : Aabcr3154Q अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ravi Tulsiyan, Fca Revenue By : Md. Ghayasuddin, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 06/09/2022 घोषणा क" तारीख/Date Of Pronouncement : 09/11/2022 आदेश/O R D E R Per Shri Sanjay Garg: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 13/03/2020, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. This Revenue’S Appeal Is Time Barred By 198 Days & The Petition Seeking Condonation Of Delay Has Been Filed Stating That The Delay In Filing Of This Appeal Was Attributable To The Restrictions Imposed Due To Covid-19 Pandemic. We Have Heard Both The Sides & Find That There Is Reasonable Cause For Delay In Filing Of The Appeal On Time. Hence We Condone The Delay & Admit The Appeal For Hearing.

condone the delay and admit the appeal for hearing. 3. The revenue has raised the following revised grounds of appeal before this Tribunal:- “1. Whether on the facts and in the circumstances of the case and in law, the Ld CIT(A) has erred in admitting new documentary evidence during the appeal proceedings in violation of Rule

ACIT, CIRCLE - 7, KOLKATA, KOLKATA vs. C.D. EQUIFINANCE PVT. LTD., KOLKATA

In the result, all the appeals filed by the Revenue are dismissed, while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

condone the said delay and proceed to dispose of this appeal of the Revenue on merit. 4. In Ground No 1 raised in this appeal, the Revenue has challenged the action of the ld. CIT(Appeals) in accepting the treatment given by the assessee to the profit from sale of certain shares as business income instead of short-term capital

NAGREEKA FOILS LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 6(3), KOLKATA

In the result, all the three appeals filed by the assessee for AYs\n2010-11, 2011-12 & 2013-14 are allowed

delay and the\nreasons stated therein, we are satisfied that the assessee had a\nreasonable and sufficient cause and was prevented from filing the\ninstant appeal within statutory time limit. We, therefore, condone the\ndelay and admit the appeal for A.Y. 2011-12 for adjudication.\n2.\nSince the issues in all the appeals are common except for an\nadditional issue

A.C.I.T.,CIRCLE-2(1), KOLKATA vs. M/S INDIA POWER CORPORATION LTD., KOLKATA

In the result, the appeal of revenue stands dismissed and the Cross Objection of assessee are partly allowed

Bench: Shri A. T. Varkey, Hon’Ble & Dr. M. L. Meena, Hon’Ble]

condone the delay and admit the appeal for hearing. 3. Ground nos. 1 and 2 of the appeal of the revenue read as under: “1. The Ld. CIT(A) has erred in facts and circumstances of the case and in deleting the capitalization of interest expenses of Rs.6,63,00,000/- on the basis of submission of the assessee without

SUNDEEP SETHI,KOLKATA vs. I.T.O., WARD - 44(2),, KOLKATA

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

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1248/Kol/2025 Assessment Year: 2015-16 Sundeep Sethi…….……………………………...………………..….……….Appellant 164, M. G. Road, Burra Bazar, Kol-7. [Pan: Alaps7114C] Vs. Ito, Ward-44(2), Kolkata ………..........................……........……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Sima Das Biswas, Jcit-Sr.Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : August 11, 2025 Date Of Pronouncing The Order : August 11, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 20.03.2024 For The Assessment Year 2015–16. 2. At The Outset The Ld. Ar Stated That There Is A Delay Of 374 Days In Filing The Present Appeal. The Assessee Has Filed A Petition For Condonation Of Delay Citing Reasonable Cause For The Belated Filing. We After Considering The Submissions & Materials On Record, We Are Satisfied That The Assessee Was Prevented By Reasonable Cause In Filing The Appeal Within The Prescribed Time. Accordingly, The Delay Is Condoned & The Appeal Is Admitted For Adjudication On Merits. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Return Of Income For The Assessment Year 2015–16 Declaring Total Income Of Rs.12,79,510/-. Notice U/S 148 Of The Act Was Issued To The Assessee For The Reasons That The Assessee In Ei Schedule Of The Said Return Has Claimed Exempt Income Under The Head ‘Long Term Capital Gains’ From Transaction On Which Securities Transaction Tax Is Paid. In

164, M. G. Road, Burra Bazar, Kol-7. [PAN: ALAPS7114C] vs. ITO, Ward-44(2), Kolkata ………..........................……........……...…..…..Respondent Appearances by: Shri Siddharth Agarwal, Advocate, appeared on behalf of the assessee. Shri Sima Das Biswas, JCIT-Sr.DR, appeared on behalf of the Revenue. Date of concluding the hearing : August 11, 2025 Date of pronouncing the order : August 11, 2025 ORDER Per Sonjoy Sarma

DINESH GANGWAL,KOLKATA vs. ITO, WD-50(1), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumari.T.A. No. 1105/Kol/2023 Assessment Year: 2013-2014 Dinesh Gangwal,.....................................Appellant Olympus Court, Flat 102, Block-B, 4/2, Sarat Bose Road, Kolkata-700020 [Pan: Adxpg0498E] -Vs.- Income Tax Officer,.................................Respondent Ward-50(1), Kolkata, Income Tax Office, Manicktala, Civil Centre, Uttarapan Complex Ds-Iv, Kolkata-700067 Appearances By: Shri Sunil Surana, A.R., Appeared On Behalf Of The Assessee Shri Amitava Sen, Addl. Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : December 18, 2023 Date Of Pronouncing The Order: December 26, 2023 O R D E R

delay is for a reasonable cause and accordingly the same is condoned. 4. The assessee has challenged reopening of assessment by the ld. Assessing Officer under section 147 of the Act, which was upheld by the ld. CIT(Appeals). 5. The facts in brief are that the assessee filed his return of income on 31.03.2014 declaring total income of Rs.1

DCIT, CIR. 4(1), KOLKATA vs. M/S AMALGAMATED PLANTATIONS PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm M/S Amalgamated Plantations Pvt. Ltd. Dcit, Circle 4(1) Unit No.302A, 3Rd Floor, Elgin 8Th Floor, P-7, Chowringhee Square, Aaykarbhavan, Kolkata Chambers, Ashutosh Vs. West Bengal-700069 Mukherjee Road, 1A, Kolkata-700020, West Bengal (Appellant) (Respondent) Pan No. Aagca6995B Assessee By : Shri Pratushjhunjhunwala, Ar Revenue By : Shri Amuldeep Kaur, Dr Date Of Hearing: 19.12.2024 Date Of Pronouncement : 11.02.2025

delay and accordingly, we condone the same by admitting the appeal for adjudication. 03. The only issue raised by the assessee is against the order of ld. CIT (A) allowing the claim of the assessee u/s 80IE of the Act of ₹5,82,61,479/-. 04. The facts in brief are that the assessee filed the return of income dated

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY,KOLKATA vs. J.C.I.T RANGE - 50,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 723 & 724/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- C.I.T.-Xvii, Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) I.T.A Nos. 523 & 524/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- J.C.I.T., Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Counsel Of Assessee For The Respondent : Shri Anand R. Baiwar, Cit Date Of Hearing : 09.08.2017 Date Of Pronouncement : 18.08.2017

164 ITD 594 (Amritsar-Trib.) dated 26.9.2016. 9. We find that this tribunal in the case of Sree Sree Ramakrishna Samity vs DCIT reported in (2016) 156 ITD 646 (Kolkata –Trib.) dated 9.10.2015 had held as under:- 6.2 We find that the objects of the assessee society are charitable in nature within the meaning of section

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY,KOLKATA vs. J.C.I.T RANGE - 50,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 723 & 724/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- C.I.T.-Xvii, Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) I.T.A Nos. 523 & 524/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- J.C.I.T., Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Counsel Of Assessee For The Respondent : Shri Anand R. Baiwar, Cit Date Of Hearing : 09.08.2017 Date Of Pronouncement : 18.08.2017

164 ITD 594 (Amritsar-Trib.) dated 26.9.2016. 9. We find that this tribunal in the case of Sree Sree Ramakrishna Samity vs DCIT reported in (2016) 156 ITD 646 (Kolkata –Trib.) dated 9.10.2015 had held as under:- 6.2 We find that the objects of the assessee society are charitable in nature within the meaning of section

BIRLA CORPORATION LIMITED,KOLKATA vs. DCIT, CIR-6(1), KOLKATA

In the result, appeals filed by the Revenue for AYs 2011-12 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

condone the delay and admit the assessee’s appeal for adjudication. 3. The assessee has raised the following grounds of appeal: Assessment Year 2011-12: “1. For that education cess included in the liability for income tax is an allowable deduction under section 37(1) of the Income Tax Act, 1961 (in short

DCIT, CIRCLE - 6(1), , KOLKATA vs. M/S. BIRLA CORPORATION LTD., KOLKATA

In the result, appeals filed by the Revenue for AYs 2011-12 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

condone the delay and admit the assessee’s appeal for adjudication. 3. The assessee has raised the following grounds of appeal: Assessment Year 2011-12: “1. For that education cess included in the liability for income tax is an allowable deduction under section 37(1) of the Income Tax Act, 1961 (in short