GULMOHAR DISTRIBUTORS PVT. LTD.,KOLKATA vs. I.T.O.,WARD-9(2), KOLKATA

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2009-10

condone the delay and take up the matter for appropriate adjudication. 4. This case was heard on 16.11.2022 and order was reserved. However, certain clarifications were required for which it was refixed for hearing. Ld. Sr. DR was directed to produce assessment records including relating to the assessment carried out under section

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

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

SRI BHAGDEV ROY,KOLKATA vs. A.C.I.T CC - XII,KOLKATA, KOLKATA

In the result, appeals of revenue are partly allowed for AYs 2009-10 and 2010-

Bench: Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

condone the delay and admit the appeal for hearing. In all appeals, the assessee has raised the 1st, 2nd and 3rd grounds against the 3. legal validity of proceedings initiated u/s. 153C of the Act which has not been pressed before us, therefore, we dismiss the same as not pressed. 4. The ground no. 4 of assessee’s appeal

ASHOK PRASAD GUPTA,NORTH DINAJPUR vs. I.T.O., WARD - 2(4),, RAIGANJ

In the result, the appeal of the assessee is allowed

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 1848/Kol/2025 Assessment Year: 2017-2018 Ashok Prasad Gupta,………………………….…Appellant C/O. Daspara C.S. Shop, Daspara B.O., Chopra, North Dinajpur-733207, W.B. [Pan:Bfepg3955G] -Vs.- Income Tax Officer,……………………………..Respondent Ward-2(4), Raiganj, Income Tax Office, Karnajora, Rajganj-733130, West Bengal Appearances By: Shri Sujit Basu, Advocate & Shri Rajib Mukherjee, Advocate, Appeared On Behalf Of The Assessee Shri Kallol Mistry, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: December 08, 2025 Date Of Pronouncing The Order: December 31, 2025 O R D E R

delay is condoned. 4. Facts in brief are that the assessee is an individual, who runs a country liquor business. The assessee filed his return of income on 04.01.2017 showing income of Rs.3,97,510/-. The case was selected for limited scrutiny assessment under section 143(3) under CASS during the financial year 2018-19 on the issue of cash

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

292/- , which is higher by Rs. 1,40,73,540/- as compared to last year. It is thus ITA Nos. 1189/K/12, 736/K/11 & 1190/K/12-C-AM 6 Deptt Vs. M/s. Cal. Mum Truck Terminal Ltd & P.Ltd- clear that the application of ratio has been misapplied by the Learned AO and are against the facts of the ase. The Learned AR argued that

D.CI.T.,CENTRAL CIRCLE-4(1), KOLKATA vs. M/S IMPEX FERRO TECH LTD., KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

condone the delay and admit the appeal for adjudication. 2. The Revenue is in appeal before the Tribunal raising the following grounds of appeal: I. ITA No. 1521/KOL/2019: “1. That on the facts and in the circumstances of the case Ld. CIT(A) has erred in deleting the addition of Rs. 55,22,53,107/- by recording a finding that

M/S IMPEX FERRO TECH LTD.,KOLKATA vs. A.CI.T.,CENTRAL CIRCLE-4(1), KOLKATA

In the result, both the appeals filed by the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

condone the delay and admit the appeal for adjudication. 2. The Revenue is in appeal before the Tribunal raising the following grounds of appeal: I. ITA No. 1521/KOL/2019: “1. That on the facts and in the circumstances of the case Ld. CIT(A) has erred in deleting the addition of Rs. 55,22,53,107/- by recording a finding 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

ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. BATA INDIA LTD., KOLKATA

Appeal is partly allowed and the CO is dismissed

Bench: the Hon'ble Income Tax Appellate Tribunal, Kolkata in ITA No. 1844/Kol/2017 for the assessment year 2009-10;

delay is hereby condoned and the CO is admitted for adjudication, along with the primary appeal. Both these matters are being disposed of through a single order. 2. In this case, the Ld. AO made a number of additions which were challenged before the Ld. CIT(A), who is seen to have granted relief substantially. 2.1 Aggrieved with the impugned

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. PHPL PROPERTIES PVT. LTD., KOLKATA

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

condone the delay and admit the appeal for adjudication. 2. The Revenue is in appeal before the Tribunal raising the following grounds of appeal: “1. Whether the Ld. CIT(A) has erred in facts and in law by allowing the appeal of the assessee by deleting the addition of Rs. 1,23,50,000/- made by the AO under section

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 of 8 days is condoned and appeal of the revenue is hereby admitted for adjudication. 3. DISALLOWANCE U/S 14A OF THE ACT Grounds covered Ground No. 1 (a) & (b) in ITA No. 2776/Kol/2011 for Asst Year 2008-09 Ground Nos. 3 (a) &(b) in ITA No. 927/Kol/2013 for Asst Year 2009-10 The facts in Asst Year

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 of 8 days is condoned and appeal of the revenue is hereby admitted for adjudication. 3. DISALLOWANCE U/S 14A OF THE ACT Grounds covered Ground No. 1 (a) & (b) in ITA No. 2776/Kol/2011 for Asst Year 2008-09 Ground Nos. 3 (a) &(b) in ITA No. 927/Kol/2013 for Asst Year 2009-10 The facts in Asst Year

ROHTANG COMMERCIAL PVT. LTD.,KOLKATA vs. ITO, WARD-2(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

condone the delay and admit the appeal for hearing. The issue raised in the 1st ground of appeal of the assessee is that the order passed 4. u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) is bad in law 2 Rohtang Commercial Pvt. Ltd.., AY 2017-18 whereby the assessment which is otherwise invalid

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

M/S. BHUMI NIRMAN PVT. LTD.,KOLKATA vs. I.T.O., WARD - 10(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

delay is hereby condoned and this appeal is admitted for adjudication. 2. In this case the assessee filed his return of income on 06.01.2016 declaring total income of Rs. 3,00,857/-. Subsequently, the case was picked up for scrutiny for verifying the sale of property reported in Form 26AS. Thereafter, the Assessing Officer (hereinafter referred