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)

search on 29.05.2012 which is reproduced again for better understanding: 44 M/s. Garg Brothers Pvt. Ltd. M/s. Cliff TreximPvt. Ltd. M/s. Span Foundation Pvt. Ltd. Assessment Year: 2009-10 (i) The assessment u/s 153A/143(3) against the assessee being a party of Banktesh Group for A.Y 2009-10 has been completed on 30.03.2015 by the AO. (ii) The Prin

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)

search on 29.05.2012 which is reproduced again for better understanding: 44 M/s. Garg Brothers Pvt. Ltd. M/s. Cliff TreximPvt. Ltd. M/s. Span Foundation Pvt. Ltd. Assessment Year: 2009-10 (i) The assessment u/s 153A/143(3) against the assessee being a party of Banktesh Group for A.Y 2009-10 has been completed on 30.03.2015 by the AO. (ii) The Prin

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

seizure operations. The Assessing Officer had considered them in his original assessment order passed u/s 143(3) of the Act, as well as the latter assessment order passed u/s 153(A) r.w.s. 143(3) of the Act. The Hon’ble Calcutta Tribunal in the following cases held as follows:- a) M/s. Sona Vets Pvt. Ltd. vs. DCIT, ITAT Kolkata

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

seizure operations. The Assessing Officer had considered them in his original assessment order passed u/s 143(3) of the Act, as well as the latter assessment order passed u/s 153(A) r.w.s. 143(3) of the Act. The Hon’ble Calcutta Tribunal in the following cases held as follows:- a) M/s. Sona Vets Pvt. Ltd. vs. DCIT, ITAT Kolkata

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

seizure operations. The Assessing Officer had considered them in his original assessment order passed u/s 143(3) of the Act, as well as the latter assessment order passed u/s 153(A) r.w.s. 143(3) of the Act. The Hon’ble Calcutta Tribunal in the following cases held as follows:- a) M/s. Sona Vets Pvt. Ltd. vs. DCIT, ITAT Kolkata

M/S/ RASHMI METALIKS LTD.,KOLKATA vs. A/DCIT, CC-2(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

seizure operations. The Assessing Officer had considered them in his original assessment order passed u/s 143(3) of the Act, as well as the latter assessment order passed u/s 153(A) r.w.s. 143(3) of the Act. The Hon’ble Calcutta Tribunal in the following cases held as follows:- a) M/s. Sona Vets Pvt. Ltd. vs. DCIT, ITAT Kolkata

JAIN INFRA PROJECTS LTD.(SINCE TAKEN OVER BANGAL CONSTRUCTION CO.),KOLKATA vs. ACIT, CC-IV, KOLKATA, KOLKATA

In the result the appeals of the assessee are allowed and appeals of the revenue are dismissed

Bench: : Shri N.V.Vasudevan & Shri M. Balaganesh

search and seizure operation at the various premises of the group which are outside the regular books of accounts of the group concerns belongs to it. In the said letter, the Karta of the assessee has also stated that the disclosure of income made u/s 132(4) of the Act on 19.03.2008 by Mr.Manoj Kumar Jain of Rs. 8.75 crores

METALIND PRIVATE LIMITED,KOLKATA vs. DCIT, CC-1(3), KOLKATA, KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1241/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 1242/Kol/2017 Assessment Year: 2012-13 Metalind Private Ltd...........……………………………………....…………………………………………Appellant 51, Canal East Road Kolkata – 700 085 [Pan : Aaccm 2883 J] Deputy Commissioner Of Income Tax, Central Circle-1(3), Kolkata.......…..…......Respondent Appearances By: Shri S.M. Surana, Advocate, Appeared On Behalf Of The Assessee. Shri A.K. Singh, Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 12Th, 2019 Date Of Pronouncing The Order : April 10Th , 2019 O R D E R Per J. Sudhakar Reddy, Am :- Both These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Principal Commissioner Of Income Tax - 1, Kolkata, (Ld. Pr. Cit) Passed U/S. 263 Of The Income Tax Act, 1961, (The ‘Act’), Both Dt. 22/03/2017, For The Assessment Years 2011-12 & 2012-13. 2. Both These Appeals Belong To The Same Assessee. Hence For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Company & Is In The Business Of Real Estate & Related Activities. It Filed Its Original Return Of Income For The Assessment Year 2011-12 On 29/09/2011, Declaring Nil Income & For The Assessment Year 2012-13 On 29/09/2012, Declaring Total Income Of Rs.5,48,59,970/-. A Search & Seizure Operation Was Conducted U/S 132 Of The Act On The Assessee On 04/10/2012. Consequentially Notice U/S 153A Of The Act, Were Issued & The Assessee Filed Its Return Of Income In Response Thereto Declaring The Same Income As That Disclosed By It In The Original Return Of Income For Both The Assessment Years. The Assessing

seizure operations. The Assessing Officer had considered them in his original 12 I.T.A. No. 1241/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 1242/Kol/2017 Assessment Year: 2012-13 Metalind Private Ltd assessment order passed u/s 143(3) of the Act, as well as the latter assessment order passed u/s 153(A) r.w.s. 143(3) of the Act. The Hon'ble Calcutta Tribunal

METALIND PRIVATE LIMITED,KOLKATA vs. DCIT, CC-1(3), KOLKATA, KOLKATA

In the result, both the appeals of the assessee are allowed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1241/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 1242/Kol/2017 Assessment Year: 2012-13 Metalind Private Ltd...........……………………………………....…………………………………………Appellant 51, Canal East Road Kolkata – 700 085 [Pan : Aaccm 2883 J] Deputy Commissioner Of Income Tax, Central Circle-1(3), Kolkata.......…..…......Respondent Appearances By: Shri S.M. Surana, Advocate, Appeared On Behalf Of The Assessee. Shri A.K. Singh, Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 12Th, 2019 Date Of Pronouncing The Order : April 10Th , 2019 O R D E R Per J. Sudhakar Reddy, Am :- Both These Appeals Filed By The Assessee Are Directed Against The Separate But Identical Orders Of The Learned Principal Commissioner Of Income Tax - 1, Kolkata, (Ld. Pr. Cit) Passed U/S. 263 Of The Income Tax Act, 1961, (The ‘Act’), Both Dt. 22/03/2017, For The Assessment Years 2011-12 & 2012-13. 2. Both These Appeals Belong To The Same Assessee. Hence For The Sake Of Convenience, They Are Heard Together & Disposed Off By Way Of This Common Order. 3. The Assessee Is A Company & Is In The Business Of Real Estate & Related Activities. It Filed Its Original Return Of Income For The Assessment Year 2011-12 On 29/09/2011, Declaring Nil Income & For The Assessment Year 2012-13 On 29/09/2012, Declaring Total Income Of Rs.5,48,59,970/-. A Search & Seizure Operation Was Conducted U/S 132 Of The Act On The Assessee On 04/10/2012. Consequentially Notice U/S 153A Of The Act, Were Issued & The Assessee Filed Its Return Of Income In Response Thereto Declaring The Same Income As That Disclosed By It In The Original Return Of Income For Both The Assessment Years. The Assessing

seizure operations. The Assessing Officer had considered them in his original 12 I.T.A. No. 1241/Kol/2017 Assessment Year: 2011-12 & I.T.A. No. 1242/Kol/2017 Assessment Year: 2012-13 Metalind Private Ltd assessment order passed u/s 143(3) of the Act, as well as the latter assessment order passed u/s 153(A) r.w.s. 143(3) of the Act. The Hon'ble Calcutta Tribunal

ARISTOCRAT RESIDENCES LLP ,KOLKATA vs. INCOME TAX OFFICER WARD 34 (1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Income Tax Officer, Ward Aristocrat Residences Llp 34(1) 2 Oswal Chambers Church Lane Aaykar Bhavan, Bbd Bagh, Kolkata-700001 Vs. Kolkata-700107 West Bengal West Bengal (Appellant) (Respondent) Pan No. Aavfa9997R Assessee By : Dr. Kapil Goel, Ar Revenue By : H. Robindro Singh, Dr Date Of Hearing: 06.02.2025 Date Of Pronouncement : 01.04.2025

depreciation allowance or any other allowance or deduction for such assessment year and for which a prior notice under Section 148 would be required to be issued. Section 147 does not contemplate an eventuality which Section 153A or Section 153C contemplates, the basis of which is inter alia a search action under Section 132 being resorted as noted hereinabove. Thus

M/S. SHYAM METALICS AND ENERGY LTD.,KOLKATA vs. ACIT, CC - 1(1), KOLKATA, KOLKATA

In the result, appeal of the assessee-M/s Shyam Metalics And\nEnergy Ltd

seizure operation conducted\non the assessee. Admittedly, there is no incriminating material found in the\ncourse of search in relation to the carbon credit. It is also an admitted fact\nthat the assessee has in his audited accounts under the head revenue from\noperations in the notes to the financial statements at para 17 shown the\nincome from the carbon

ACIT, CC-1(1), KOLKATA, KOLKATA vs. M/S JAI LOKENATH FLOUR MILLS PVT. LTD., KOLKATA

In the result, appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi]

seizure operation, certain documents pertaining to the company were seized from out premises at 103, Park Street, 5th Floor, Room No. 5B, Kolkata – 700016. Based on various seized documents and the transactions 2 I.T.A. No. 1488/Kol/2015 Assessment Year: 2012-13 M/s. Jai Lokenath Flour undertaken in F.Y. 2011-12, we hereby offer a sum of Rs.5

D.C.I.T CC - V,KOLKATA, KOLKATA vs. SALSAR STOCK BROKING LTD, KOLKATA

In the result, all the appeals filed by the assesses are allowed

Bench: : Shri N.V.Vasudevan & Shri M. Balaganesh

seizure operation in the office premises of the assessee jointly held with M/s Shree Salasar Properties & Finance Pvt Ltd and M/s Krishna Trade & Commerce Pvt Ltd, the following books and documents were found / seized :- Annexure with Description Found Seized Date ‘A ‘Dt. 12-9-09 Books of a/cs

SURESH KUMAR PODDAR,KOLKATA vs. I.T.O., WARD - 63(4), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: SHRI RAJESH KUMAR (Accountant Member)

depreciation allowance or any other allow- ance or deduction for such assessment year and for which a prior no- tice under Section 148 would be required to be issued. Section 147 does not contemplate an eventuality which Section 153A or Section 153C contemplates, the basis of which is inter alia a search action un- der Section 132 being resorted

ACIT, CENTRAL CIRCLE - 4(3), KOLKATA vs. M/S. GRD COMMODITIES LTD., , KOLKATA

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

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] It(Ss)A Nos.120 To123/Kol/2018 Assessment Years: 2009-10 To 2012-13

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

VEERPRABHU AUTO PVT. LTD.,KOLKATA vs. A.C.I.T., CC - 2(4), KOL, KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

search & seizure operation was conducted at the business premises of the assessee. Though the name of the assessee company was appearing in the warrant u/s 132 of the Act, however it was not appearing in the copy of Panchnama. The return of income for the AY 2016-17 was filed on 17.10.2016 disclosing loss of ₹1,46,903/-. During

ANJALI JEWELLERS,KOLKATA vs. PCIT, CENTRAL-1, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

search and seizure operation u/s 132(1) of the Act was conducted at the business premises of the assessee on 8th November, 2016 pursuant to which notice u/s 153A was initiated against it. The AO issued notice u/s 153A dated 22.05.2017 and in response the assessee filed the return of income by reiterating originally returned income

ACIT, CC-1(1), KOLKATA, KOLKATA vs. M/S BABA LOKENATH FLOUR MILLS PVT. LTD., KOLKATA

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

seizure operation was conducted under the provisions of section 132 of the Income Tax Act, on 17.01.2012 at various premises of Manoharlal Agarwal group at 103 park street, Kolkata-16. In connection with the said search of Manoharlal Agarwal group, a survey was conducted in the premises of the assessee, M/s Baba Lokenath Floor Mills (P) Ltd, on 17.01.2012. During

M/S. SHYAM SEL AND POWER LIMITED,KOLKATA vs. ACIT, CC - 1(1), KOLKATA, KOLKATA

In the result, appeal of the assessee-M/s Shyam Metalics And\nEnergy Ltd

seizure operation conducted\non the assessee. Admittedly, there is no incriminating material found in the\ncourse of search in relation to the carbon credit. It is also an admitted fact\nthat the assessee has in his audited accounts under the head revenue from\noperations in the notes to the financial statements at para 17 shown the\nincome from the carbon