DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. VEDA COMMERCIAL PVT. LTD., KOLKATA

Appeal is partly allowed for statistical purposes

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

condone the delay in filing of cross objections by the assessee for both the years under appeal and admit the same for adjudication. CO No. 153/Kol/2010 – Asst Year 2006-07 – Assessee CO CO No. 154/Kol/2010 – Asst Year 2007-08 – Assessee CO & CO Nos. 153 & 154/Kol/2010 Veda Commercial Pvt. Ltd., AY 2006-07 & 2007-08 3. The only issue

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. VEDA COMMERCIAL PVT. LTD., KOLKATA

Appeal is partly allowed for statistical purposes

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

condone the delay in filing of cross objections by the assessee for both the years under appeal and admit the same for adjudication. CO No. 153/Kol/2010 – Asst Year 2006-07 – Assessee CO CO No. 154/Kol/2010 – Asst Year 2007-08 – Assessee CO & CO Nos. 153 & 154/Kol/2010 Veda Commercial Pvt. Ltd., AY 2006-07 & 2007-08 3. The only issue

DCIT, CIRCLE - 10(2), , KOLKATA vs. M/S. VESUVIUS INDIA LTD., , KOLKATA

In the result, both the appeals of the revenue are dismissed and cross- objections by the assessee are allowed for statistical purposes

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal]

206 & 207/Kol/2018 decided on 26.02.2020 by adjudicating hereunder: “20. We have heard both the parties and carefully gone through the submission put forth on behalf of the assessee along with the documents furnished and the case laws relied upon, and perused the fact of the case including the findings of the ld CIT(A) and other materials available on record

DCIT, CIRCLE - 10(2), , KOLKATA vs. M/S. VESUVIUS INDIA LTD., , KOLKATA

In the result, both the appeals of the revenue are dismissed and cross- objections by the assessee are allowed for statistical purposes

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal]

206 & 207/Kol/2018 decided on 26.02.2020 by adjudicating hereunder: “20. We have heard both the parties and carefully gone through the submission put forth on behalf of the assessee along with the documents furnished and the case laws relied upon, and perused the fact of the case including the findings of the ld CIT(A) and other materials available on record

DCIT,CIRCLE-1, KOLKATA, KOLKATA vs. M/S. CALCUTTA MUMBAI TRUCK TERMINAL LTD, HOWRAH

Accordingly, the ground no. 2 raised by the revenue is dismissed

Bench: : Shri S.S. Viswanethra Ravi

condone the delay and the appeal is admitted for further adjudication. 7.1. The issue to be decided in this appeal is as to whether in the facts and circumstances of the case, the rental income from godowns derived by the assessee is to be taxed as business income of the assessee or as income from house property. 7.2. The facts

M/S PARAMOUNT PROPERTIES & ESTATE DEVELOPMENTS LTD.,KOLKATA vs. ITO, WD-3(1), KOLKATA, KOLKATA

In the result, appeal of assessee is allowed on legal grounds

Bench: Shri A. T. Varkey & Shri Waseem Ahmedi.T.A. No.93/Kol/2016 Assessment Year 2005-06 M/S. Paramount Properties & I.T.O., Wd-3(1), Kolkata. P-7, Chowringhee Square, Estate Developments Ltd. -Vs- Kolkata – 700 069. 3, Pretoria Street, 4Th Floor, Kolkata – 700 071. [Pan : Aabcp 8731 B] (Appellant) (Respondent)

condone the said delay and proceed to dispose of this appeal of the assessee on merit. 4. In view of the above, we decided to proceed and to adjudicate the matter on the basis of materials available on record. The assessee in Ground Nos.1 & 2 has challenged the initiation of reassessment proceedings u/s 147 of the Act. 5. Briefly stated

LAXMIDHAN TRADELINK PVT. LTD.,KOLKATA vs. ITO, WARD-2(2), KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

condone the delay and admit the appeal for adjudication on merits. 2. The assessee is in appeal before the Bench raising the following grounds of appeal: “1. For that the Ld. CIT(A), NFAC, Delhi has erred in law as well as on facts of the case by passing order u/s 250 dated 20/03/2023 dismissing the appeal filed

DCIT, KOLKATA vs. HIMADRI SPECIALITY CHEMICAL LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

condone the delay and admit the appeal for hearing.\n3. The issue raised in ground no.1 to 4 and 8 is against the order of Id. CIT (A) deleting the Arm's Length Price adjustment of ₹3,97,99,637 as made by the Id. AO/Transfer Pricing Officer on account interest on loan.\n3.1. The facts in brief are that

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. 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

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

SURAJMAL EXPORTS,KOLKATA vs. A.C.I.T CIR - 32,KOLKATA, KOLKATA

In the result, the appeal of the assessee is treated as allowed

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

206/- after allowing the claim of the assessee for deduction under section 80HHC by taking into consideration receipts from DEPB sold amounting to Rs.38,63,331/-. The said assessment was subsequently reopened by the Assessing Officer on 29.03.2006 in pursuance of the amendment made to section 80HHC read with section 28(iiid) of the Act by the Taxations Laws (Amendment

M/S. LOKNATH SARAF SECURITIES PVT. LTD.,KOLKATA vs. ACIT, CIRCLE - 6, KOLKATA, KOLKATA

In the result, the appeal of the revenue is dismissed as not maintainable and the appeal of the assessee is partly allowed

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

condone the delay and admit the appeal of revenue for hearing. 2 ITA No.300-418/Kol/2011, AY 2006-07 Lokenath Saraf Securities Ltd. 3. We find from the quantum involved in the grounds of appeal raised by the revenue is having tax effect of less than Rs 10 lacs. The CBDT in its recent Circular No. 21 / 2015 dated 10.12.2015 had categorically

DCIT, CIRCLE - 6 KOLKATA, KOLKATA vs. LOKENATH SARAF SECURITIES LTD., KOLKATA

In the result, the appeal of the revenue is dismissed as not maintainable and the appeal of the assessee is partly allowed

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

condone the delay and admit the appeal of revenue for hearing. 2 ITA No.300-418/Kol/2011, AY 2006-07 Lokenath Saraf Securities Ltd. 3. We find from the quantum involved in the grounds of appeal raised by the revenue is having tax effect of less than Rs 10 lacs. The CBDT in its recent Circular No. 21 / 2015 dated 10.12.2015 had categorically

ITO, WARD - 1(4), KOLKATA, KOLKATA vs. M/S. KANER INVESTMENTS LTD.,, KOLKATA

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri A.T. Varkey, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2095/Kol/2017 (िनधा"रणवष" / Assessment Year : 2008-09

condone the delay and admit the appeal of Revenue for hearing. 3. This solitary grievance raised by the Revenue in this appeal is whether the shares issued by the assessee company other than cash, ( barter system), under an agreement, can be treated as cash credit within the meaning of section 68 of the Act? 4.At the outset, Shri S.M. Surana

DCIT, CIRCLE -6 KOLKATA, KOLKATA vs. M/S CROSSES CAPITAL SERVICES PVT. LTD., KOLKATA

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

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

condone the delay and admit the appeal. 3. The first common issue in this appeal of revenue and CO of the assessee is as regards to the order of CIT(A) in restricting the disallowance at Rs.27,235/- as against the disallowance made by AO at Rs.11,47,078/- qua exempted income by invoking the provisions of section

I.T.O WD - 4(3),KOLKATA, KOLKATA vs. M/S AMCL MACHINERY LTD ( FOREMERLY KNOWN AS ACC MACHINERY COMPANY LTD), NAGPUR

In the result, the appeal of the revenue is dismissed

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

condone the delay and admit the appeal of the revenue for adjudication. 3. The first issue to be decided in this appeal is as to whether the ld CITA is justified in deleting the disallowance u/s 14A of the Act in the facts and circumstances of the case. 3.1. The brief facts of this issue is that the assessee

SUMANGAL JEWELS P. LTD.,KOLKATA vs. D.C.I.T., CC- 4(3), KOLKATA

Appeal of the Revenue is dismissed

206, Central Point, Second Floor, 21, Hemant Basu\nSarani, Kolkata. Thus, it is obvious from the Panchnama that there was no search on\nthe business premises of the assessee and consequently, though there was a valid\nand seizure action under section 132 of the Income-tax Act on SSKI Group and\nby warrant dated 1-8-2003, the assessee