CENTURY ENKA LIMITED,PUNE vs. DCIT, CIRCLE - 6, KOLKATA, KOLKATA

In the result, the appeal of revenue is allowed for statistical purposes and that of the assessee is partly allowed

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

condone the delay and admit the revenue’s appeal for hearing. 3. The only issue to be decided in this appeal of revenue is that with regard to the allowance of leave encashment of Rs.1,47,66,197/-. 4. We have heard rival submissions and perused the material available on record. We find that the Ld. CIT(A) had allowed

DCIT, CIRCLE - 6, KOLKATA, KOLKATA vs. M/S. CENTURY ENKA LTD., KOLKATA

In the result, the appeal of revenue is allowed for statistical purposes and that of the assessee is partly allowed

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

condone the delay and admit the revenue’s appeal for hearing. 3. The only issue to be decided in this appeal of revenue is that with regard to the allowance of leave encashment of Rs.1,47,66,197/-. 4. We have heard rival submissions and perused the material available on record. We find that the Ld. CIT(A) had allowed

M/S. SPAN FOUNDATION PVT. LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

condone the delay and admit the appeal for hearing. 4. These three appeals filed by the different assessee’s emanate from a common search conducted at their premises, involves common and identical issues, therefore, appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, since facts remain similar and the grounds

M/S. GARG BROTHERS PVT. LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

condone the delay and admit the appeal for hearing. 4. These three appeals filed by the different assessee’s emanate from a common search conducted at their premises, involves common and identical issues, therefore, appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, since facts remain similar and the grounds

M/S. CLIFF TREXIM PVT. LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

condone the delay and admit the appeal for hearing. 4. These three appeals filed by the different assessee’s emanate from a common search conducted at their premises, involves common and identical issues, therefore, appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, since facts remain similar and the grounds

INCOME TAX OFFICER, KOLKATA vs. ALCOM INVESTMENT PVT. LTD., KOLKATA

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

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

delay is here by condoned. 3. Brief facts of the case of the assessee are that the assessee being a company namely Alcom Investment Pvt. Ltd. formerly known as Garima Vanijya Pvt. Ltd engaged in the business of non-banking financial institution. The assessee filed its original return of income for AY 2008-09 declaring total income

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SDR MEGHNATH INVESTMENTS PRIVATE LIMITED, KOLKATA

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

delay is hereby condoned and the appeal is admitted for adjudication. 2. The brief facts of the case of the appellant are that the assessee an Investment Company with investments in various unlisted manufacturing companies. During the relevant Financial Year, share applications amounting to Rs. 8,75,00,000/- were received from various share applicants to whom equity share allotted

DCIT, CIRCLE - 1, KOLKATA, KOLKATA vs. M/S. MCNALLY SAYAJI ENGINEERING LIMITED, KOLKATA

In the result, the appeals of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as 6 ITA Nos.2776/A/2011,1575/K/2011 & 927/K/.2013 Mc Nally Sayaji Engg. Ltd.., AY 2008-09 & 2009-10 the outstanding interest demand as of date is concerned, it would

MC NALLY SAYAJI ENGINEERING LIMITED,NORTH 24 PARGANAS vs. D.C.I.T CIR - 1,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as 6 ITA Nos.2776/A/2011,1575/K/2011 & 927/K/.2013 Mc Nally Sayaji Engg. Ltd.., AY 2008-09 & 2009-10 the outstanding interest demand as of date is concerned, it would

NITSON & AMITSU PRIVATE LIMITED,KOLKATA vs. A.C.I.T., CIRCLE-1(2), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

condone the delay and admit the appeal. 3. The assessee is a company and is in the business of trading as well as construction. It filed its return of income for the AY 2013-14 on 29.09.2013. The AO passed an order u/ s 143(3) of the Act on 08.07.2015. 4. The Pr. CIT issued show cause notice

DCIT, CENTRAL CIRCLE-1(1), KOLKATA, KOLKATA vs. RAJESH KUMAR KEDIA, KOLKATA

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

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

delay is for bonafide and genuine reasons and therefore condoned by admitting the appeal for adjudication. 05. The facts in brief are that the assessee filed the return of income on 26.07.2016, declaring total income at ₹9,78,820/-, which was processed u/s 143(1) of the Act on 30.08.2016 accepting the returned of income. Subsequently, the case

DCIT, CENTRAL CIRCLE-1(1), KOLKATA, KOLKATA vs. RAJESH KUMAR KEDIA, KOLKATA

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

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

delay is for bonafide and genuine reasons and therefore condoned by admitting the appeal for adjudication. 05. The facts in brief are that the assessee filed the return of income on 26.07.2016, declaring total income at ₹9,78,820/-, which was processed u/s 143(1) of the Act on 30.08.2016 accepting the returned of income. Subsequently, the case

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S. EPCOS INDIA PVT. LTD., KOLKATA

Appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2005-06 Deputy Commissioner Of Income Tax, Circle-11(1), Kolkata……..........….…..........…........Appellant Vs. M/S. Epcos India Pvt. Ltd............................………………..................................……………..........Respondent Kulia Kanchrapara Road Kalyani, Nadia Pin – 741 251 [Pan : Aaace 4000 H] Appearances By: Shri Sanjay Paul, Addl. Cit D/R & Shri Supriyo Pal, Jcit, Sr. D/R, Appearing On Behalf Of The Revenue. Smt. Rituparna Sinha, Fca & S.C. Giri C.A., Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : January 15Th, 2020 Date Of Pronouncing The Order : July 10Th, 2020 Order Per J. Sudhakar Reddy, Am :-

delay is condoned and the appeal is admitted. 3. The assessee is an Indian company which is engaged in the business of manufacture and sale of electronic components in India and abroad. These electronic components are primarily used in electronics industry. The assessee entered into the following international transactions with its associated enterprises during the previous year relevant

ANINDITA STEELS LTD.,JHARKHAND vs. PR.CIT-2, KOLKATA

In the result, appeal of the assessee is allowed

delay is condoned and the appeal is admitted. 3. The ld. Counsel for the assessee submitted that the order passed u/s 263 of the Act, is bad in law for the following reasons:- a) The assessment was reopened after verifying unsecured loans of Rs. 1.74 Crores, received by the assessee from various companies and the Assessing Officer after examining this

M/S LABVANTAGE SOLUTIONS PVT. LTD.,KOLKATA vs. DCIT, CIR-2(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm]

delay of 16 days in filing the appeal before us by the revenue. In view of the concession given by the ld AR for condoning the same, the appeal of the revenue is hereby admitted and taken up for adjudication. 3.1. The ld AR stated that the tax effect in the appeal of the revenue is less than

M/S LABVANTAGE SOLUTIONS PVT. LTD.,KOLKATA vs. DCIT, CIR-2(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm]

delay of 16 days in filing the appeal before us by the revenue. In view of the concession given by the ld AR for condoning the same, the appeal of the revenue is hereby admitted and taken up for adjudication. 3.1. The ld AR stated that the tax effect in the appeal of the revenue is less than

DCIT, CIR-2(1), KOLKATA, KOLKATA vs. M/S LABVANTAGE SOLUTIONS PVT. LTD., KOLKATA

In the result, the appeal of the assessee in ITA No

Bench: Shri M. Balaganesh, Am & Shri S.S. Viswanethra Ravi, Jm]

delay of 16 days in filing the appeal before us by the revenue. In view of the concession given by the ld AR for condoning the same, the appeal of the revenue is hereby admitted and taken up for adjudication. 3.1. The ld AR stated that the tax effect in the appeal of the revenue is less than

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

17,86,000/- was justified by the Ld. AO on the ground that the liability had not crystallized during the year under consideration and the amount debited was mere provision which could not be allowed under Section 37(1) as it was contingent in nature. The Ld. AO in support of the impugned disallowance relied on CBDT's Instruction