BHIRINGHEE MINING & MINERALS PVT. LTD.,DURGAPUR vs. PCIT - BURDWAN, BURDWAN

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

condone the delay and proceed to decide the appeal on merit. 3. The solitary grievance of the assessee is that the ld. CIT has erred in taking cognizance under section 263 and thereby setting aside the assessment order dated 29.11.2017 passed under section 143(3) of the Income Tax Act. 4. Brief facts of the case are that the assessee

KARAN POLYMERS PVT LTD,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed as per the terms indicated herein above

Bench: Sri Aby T. Varkey & Sri Manish Borad)

condone the delay of the assessee and proceed to hear the case on merits. 3. The assessee is in appeal before this Tribunal raising the following grounds: “1. That the order passed by Ld. Principal Commissioner of Income Tax, Kolkata-2 under section 263 of the Income Tax Act, 1961 setting aside the assessment order dated 30th November, 2018 passed

SAHABUDDIN QUADIRI,MURSHIDABAD vs. DCIT, CIRCLE-42, MURSHIDABAD, MURSHIDABAD

In the result, the appeal of the assessee is allowed

Bench: Sh. S.S.Godara & Dr. A.L.Saini[Assessment Year: 2010-11] Sahabuddin Quadiri, Vs Dcit, Saratpally, Chuanpur, Circle-42, Laldighi, 57, Berhampore, R.N.Tagore Road, Berhampore, Murshidabad-742101. Murshidabad-742101. Pan-Aaapq7976P (Assessee) (Respondent)

condone the delay and admit the appeal for hearing. 5. By way of this appeal, the assessee appellant has challenged correctness of the order dated 30.03.2015, passed by the learned Commissioner of Income Tax (CIT)-14, SAHABUDDIN QUADIRI [Assessment Year: 2010-11] Kolkata, for the assessment year 2010-11. Grievances raised by the assessee are as follows. (1) That

D.C.I.T CIR - 6,KOLKATA., KOLKATA vs. M/S TRANSAFE SERVICES LTD, KOLKATA

Bench: Shri N.V.Vasusdevan & Shri Waseem Ahmed

delay of condonation. Thus, in our considered opinion, on the facts and circumstances, i.e. in this case deserves to be considered and same is condoned. We admit to hearing both the appeals. 3. Before carving out the specific issue of the case let us understand the brief history of the case. The assessee in the present case is a Limited

ITO WARD 4(1), KOLKATA, KOLKATA vs. TRIBUTE TRADING AND FINANCE LIMITED, KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

delay is hereby condoned. 3. Brief facts of the case of the assessee are that the assessee is a public limited company carrying business of Non-Banking Finance company, filed its return of income for AY 2013-14 declaring total income of Rs. 30,26,790/-. The assessment was completed by DCIT, Circle-5(2), Kolkata by making an addition

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S. TEGA INDUSTRIES LTD., KOLKATA

In the result, the Cross Objections filed by the assessee (in C

Bench: Shri A.T. Varkey, Jm & Dr. A. L.Saini, Am

viii. The assessee has then referred to HMRC INTM 542012, 542040, 542090, and 542100 and suggested that these also support the contentions made by it. C.O Nos.31, 32 & 33/Kol/2019 Assessment Year: 2009-10, 2010-11 & 2011-12 M/s. Tega Industries Ltd. ix. The assessee has also referred to paragraph 1.65 of the OECD Transfer Pricing Guidelines (2010) and suggested that

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S. TEGA INDUSTRIES LTD., KOLKATA

In the result, the Cross Objections filed by the assessee (in C

Bench: Shri A.T. Varkey, Jm & Dr. A. L.Saini, Am

viii. The assessee has then referred to HMRC INTM 542012, 542040, 542090, and 542100 and suggested that these also support the contentions made by it. C.O Nos.31, 32 & 33/Kol/2019 Assessment Year: 2009-10, 2010-11 & 2011-12 M/s. Tega Industries Ltd. ix. The assessee has also referred to paragraph 1.65 of the OECD Transfer Pricing Guidelines (2010) and suggested that

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S. TEGA INDUSTRIES LTD., KOLKATA

In the result, the Cross Objections filed by the assessee (in C

Bench: Shri A.T. Varkey, Jm & Dr. A. L.Saini, Am

viii. The assessee has then referred to HMRC INTM 542012, 542040, 542090, and 542100 and suggested that these also support the contentions made by it. C.O Nos.31, 32 & 33/Kol/2019 Assessment Year: 2009-10, 2010-11 & 2011-12 M/s. Tega Industries Ltd. ix. The assessee has also referred to paragraph 1.65 of the OECD Transfer Pricing Guidelines (2010) and suggested that

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

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

DCIT, CIRCLE-10(1), KOLKATA vs. M/S INDIAN OIL PETRONAS (P) LTD., KOLKATA

In the result, the Cross Objections of the assessee are allowed for statistical purposes

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

56,589/- paid by the assessee in F.Y 2012-13. 5 I.T.A. Nos. 1884 & 1885/Kol/2019 C.O. Nos. 26 & 27-Kol-2020 Assessment Years: 2013-14 & 2014-15 M/s. Indian Oil Petronas Pvt. Ltd. 2. For that on the facts and in the circumstances of the case, the AO be directed to compute the tax payable by the assessee

D.C.I.T.,CIRCLE-10(1), KOLKATA vs. M/S INDIAN OIL PETRONAS PVT. LTD., KOLKATA

In the result, the Cross Objections of the assessee are allowed for statistical purposes

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

56,589/- paid by the assessee in F.Y 2012-13. 5 I.T.A. Nos. 1884 & 1885/Kol/2019 C.O. Nos. 26 & 27-Kol-2020 Assessment Years: 2013-14 & 2014-15 M/s. Indian Oil Petronas Pvt. Ltd. 2. For that on the facts and in the circumstances of the case, the AO be directed to compute the tax payable by the assessee

DCIT/CIR-5/KOL, KOLKATA vs. M/S BAGARIA MORE CO. LTD., KOLKATA

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

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

delay of 136 days condoned and appeal of the Revenue is admitted. 3. The brief facts of the case are that the assessee is a company and dealing in various businesses i.e. trading in jute, sarees and financing. The return of income filed on 24.09.2009 declaring Rs.80,13,330/- as its total income and it was processed under section

M/S ROSEMARY VINCOM LLP ,KOLKATA vs. ITO, WARD 47(5), KOLKATA

In the result, the appeal filed by the assessee is allowed

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

Delay of 186 days in filing of the appeal is condoned as the reason given is COVID-19 Pandemic. 2. The assessee is a company and is in the business of trading and filed its return of income for the AY 2015-16 on 11.01.2016 declaring total income of ₹2,21,638/-. The assessment was selected for limited scrutiny under

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

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE)- 3(1), KOLKATA, KOLKATA vs. AUXINITE SUPPLIERS PRIVATE LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed and CO of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Dy. Commissioner Of Income Auxinite Suppliers Private Tax (Cc)-3(1) Limited 4Th Floor, Aaykar Bhawan 44/2A Jain Tower, Hazra Road, Vs. Poorva, 110 Shantipally, Kolkata- Kolkata-700019, West Bengal 700017, West Bengal (Appellant) (Respondent) Pan No. Aaecb3974H Co No. 11/Kol/2025 (Arising In Ita No. 139/Kol/2025 For A.Y. 2019-20) Dy. Commissioner Of Income Auxinite Suppliers Private Tax (Cc)-3(1) Limited 4Th Floor, Aaykar Bhawan 44/2A Jain Tower, Hazra Road, Vs. Poorva, 110 Shantipally, Kolkata- Kolkata-700019, West Bengal 700017, West Bengal (Appellant) (Respondent) Assessee By : S/Shri Rajeeva Kumar & Giridhar Dhelia, Ars Revenue By : Shri V. Vidhyadhar, Dr Date Of Hearing: 11.02.2026 Date Of Pronouncement: 02.04.2026

condone the delay and adjudicate the appeal in the ensuing paras. 3. The Revenue has challenged the order of ld. CIT (A) deleting the addition in respect of sale of shares to the tune of ₹4,68,45,000/- as made by the ld. AO u/s 68 of the Act of ₹5,63,50,000/- in respect of sale

ITO WARD-41(1), KOLKATA, KOLKATA vs. SRI SHYAMAL BANERJEE, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri K. Narasimha Chary

condone the delay and proceed to hear the appeal on merits. 6. It is the argument of the ld. D.R. that the learned CIT erred in holding the income from Bani Bhawan as the income from business instead of income from house property, since the assessee is residing in a part of the building and let out the remaining