ITO, WD-43(1), KOLKATA, KOLKATA vs. M/S TIRUPATI COMMERCIAL, KOLKATA

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

Bench: Hon’Ble Shri M.Balaganesh, Am & Shri S.S.Viswanethra Ravi, Jm] I.T.A No. 1329/Kol/2015 Assessment Year : 2011-12 Ito, Ward-43(1), Kolkata -Vs- M/S Tirupati Commercial [Pan: Aadft 4683 K] (Appellant) (Respondent)

Section 145(3) on the sole ground of low Net Profit without finding that the accounts are not correct or complete or Income could not be properly deduced from the method of accounting employed by the assessee will be bad in law and the proceedings uls 145(3) may be dropped. (2) Regarding Cash Pilferage we have to say that

DCIT, LTU-2, KOLKATA vs. M/S CENTURY PLYBOARDS (I), LTD, KOLKATA

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

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] Assessment Year: 2014-15

145(3) of the Act. We note that it was with 19 ITA No. 2149/Kol/2019 & C.O. No. 22/Kol/2020 M/s Century Plyboards (I) Ltd. A.Y. 2014-15 a view to further verify the averments of the assessee and in exercise of his co-terminus powers that the ld. CIT(A)had issued enhancement notice u/s 251 of the Act and, thereafter

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, DURGAPUR, DURGAPUR vs. SRI GAYATRI MINERALS PVT. LTD., DURGAPUR

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

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

3. Brief facts of the case are that the assessee is a closely held private limited company engaged in the production of High Carbon Silico Manganese. The return for the AY 2011-12 was filed electronically on 28.09.2011 showing the total income of Rs. 10,90,26,221/-. The same was taken up for scrutiny through CASS and the assessee

ACIT, CIR-36, KOLKATA, KOLKATA vs. SRI SAMPAT MAL BACHHAWAT, KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri A.T.Varkey, Jm& Shri M.Balaganesh, Am ] I.T.A No. 1822/Kol/2014 Assessment Year : 2010-11 A.C.I.T., Circle-36, -Vs- Sri Sampat Mal Bachhawat Kolkata Kolkata. [Pan: Adipb 7124 R] (Appellant) (Respondent) For The Appellant : Shri Saurabh Kumar, Addl. Cit, Sr.Dr For The Respondent : Shri Anil Kochar, Ar

section 145(3) of the Act. 4. In response, the assessee submitted that he is in the said business of dealing in electrical goods for more than 45 years and that purchases are made from reputed companies and sales are made to big industrial houses and are not made to wholesalers and / or retailers. He stated that the entire basis

ACIT, CIRCLE - 2(1), , KOLKATA vs. TCG URBAN INFRASTRUCTURE HOLDINGS PVT LTD.,, KOLKATA

Accordingly, the same is dismissed

Bench: Shri Sanjay Garg & Dr. M.L.Meenaआयकर अपील सं.य/

145(3)and without pointing out any defect in the books of account and accordingly addition made by the AO are directed be deleted.” 18. Based on the above judicial pronouncements it appears that such action by the Ld. AO does not warrant confirmation, especially in a situation where the books are audited, and they have not been rejected

M/S. EASTERN SUGAR & INDUSTRIES LTD.,KOLKATA vs. ACIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA

In the result, appeals filed by the assessee on grounds No

Bench: Shri N.V.Vasudevan & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1950/Kol/2010 ("नधा"रण वष" / Assessment Year :2004-2005) M/S Eastern Sugar & Vs. Acit, Cc-Xi, Kolkata, Industries Ltd., C/O M/S Poddar Court Building, Salarpuria Jajodia & Co., 7, 18, Rabindra Sarani, C.R.Avenue, Kolkata- Kolkata-700001 700072 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce 2944 F .. (अपीलाथ" /Appellant) (""यथ" / Respondent) & आयकर अपील सं./Ita No.1951/Kol/2010 ("नधा"रण वष" / Assessment Year :2006-2007) M/S Eastern Sugar & Vs. Acit, Cc-Xi, Kolkata, Industries Ltd., C/O M/S Poddar Court Building, Salarpuria Jajodia & Co., 7, 18, Rabindra Sarani, C.R.Avenue, Kolkata- Kolkata-700001 700072 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce 2944 F .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate राज"व क" ओर से /Revenue By : Shri Pinaki Mukherji, Jcit, Sr.Dr सुनवाई क" तार"ख / Date Of Hearing : 02/02/2017 घोषणा क" तार"ख/Date Of Pronouncement 15/02/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Two Appeals Filed By The Assessee, Pertaining To The Assessment Years 2004-2005 & 2006-07, Are Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals), Central-I, Kolkata, In Appeal No.434/Cc-Iv/Cit(A),C-I/08-09, Dated 05.08.2010 & Appeal No.433/Cc-Xi/Cit(A),C-I/08-09, Dated 11.08.2010, Respectively Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer M/S. Eastern Sugar & Industries Ltd. (Ao) Under Section 143 (3) Of The Income Tax Act 1961, (Hereinafter

section 148 was not in the proper format as it does not mentioned all details were examined and found to have no merit. Hence, it is held that the reopening proceeding initiated by the A.O is as per provision of the Act. Accordingly the ground no 1 to 5 taken by the appellant is dismissed. 4. Ground no 6 taken

M/S. EASTERN SUGAR & INDUSTRIES LTD.,KOLKATA vs. ACIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA

In the result, appeals filed by the assessee on grounds No

Bench: Shri N.V.Vasudevan & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1950/Kol/2010 ("नधा"रण वष" / Assessment Year :2004-2005) M/S Eastern Sugar & Vs. Acit, Cc-Xi, Kolkata, Industries Ltd., C/O M/S Poddar Court Building, Salarpuria Jajodia & Co., 7, 18, Rabindra Sarani, C.R.Avenue, Kolkata- Kolkata-700001 700072 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce 2944 F .. (अपीलाथ" /Appellant) (""यथ" / Respondent) & आयकर अपील सं./Ita No.1951/Kol/2010 ("नधा"रण वष" / Assessment Year :2006-2007) M/S Eastern Sugar & Vs. Acit, Cc-Xi, Kolkata, Industries Ltd., C/O M/S Poddar Court Building, Salarpuria Jajodia & Co., 7, 18, Rabindra Sarani, C.R.Avenue, Kolkata- Kolkata-700001 700072 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce 2944 F .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate राज"व क" ओर से /Revenue By : Shri Pinaki Mukherji, Jcit, Sr.Dr सुनवाई क" तार"ख / Date Of Hearing : 02/02/2017 घोषणा क" तार"ख/Date Of Pronouncement 15/02/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Two Appeals Filed By The Assessee, Pertaining To The Assessment Years 2004-2005 & 2006-07, Are Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals), Central-I, Kolkata, In Appeal No.434/Cc-Iv/Cit(A),C-I/08-09, Dated 05.08.2010 & Appeal No.433/Cc-Xi/Cit(A),C-I/08-09, Dated 11.08.2010, Respectively Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer M/S. Eastern Sugar & Industries Ltd. (Ao) Under Section 143 (3) Of The Income Tax Act 1961, (Hereinafter

section 148 was not in the proper format as it does not mentioned all details were examined and found to have no merit. Hence, it is held that the reopening proceeding initiated by the A.O is as per provision of the Act. Accordingly the ground no 1 to 5 taken by the appellant is dismissed. 4. Ground no 6 taken

WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD.,KOLKATA vs. DCIT, CIRCLE - 2(2), KOLKATA , KOLKATA

In the result, the appeal of the Revenue is dismissed, while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

depreciation under section 32(1)(iia). Ground no 1 & 2 of the assessee’s appeal for A.Y. 2011- 12 are accordingly allowed”. 4. It is also observed that the issue relating to the deletion by the ld. CIT(Appeals) of the addition made by the Assessing Officer on account of ERPC charges was also decided by the Tribunal dated October

ACIT, CIRCLE - 2(2), KOLKATA, KOLKATA vs. M/S. WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed, while the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

depreciation under section 32(1)(iia). Ground no 1 & 2 of the assessee’s appeal for A.Y. 2011- 12 are accordingly allowed”. 4. It is also observed that the issue relating to the deletion by the ld. CIT(Appeals) of the addition made by the Assessing Officer on account of ERPC charges was also decided by the Tribunal dated October

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

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

depreciation claim stands reversed byhon'ble Madras high court in TCA No.55/2017 dated 14.03.2017. Their lordships have made it clear that such a deduction claim is allowable even if in case than fixed assets had been put to use in earlier assessment years. We thus affirm the CIT(A)’s identical detailed reasoning extracted hereinabove in all these three assessment

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

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

depreciation claim stands reversed byhon'ble Madras high court in TCA No.55/2017 dated 14.03.2017. Their lordships have made it clear that such a deduction claim is allowable even if in case than fixed assets had been put to use in earlier assessment years. We thus affirm the CIT(A)’s identical detailed reasoning extracted hereinabove in all these three assessment

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

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

depreciation claim stands reversed byhon'ble Madras high court in TCA No.55/2017 dated 14.03.2017. Their lordships have made it clear that such a deduction claim is allowable even if in case than fixed assets had been put to use in earlier assessment years. We thus affirm the CIT(A)’s identical detailed reasoning extracted hereinabove in all these three assessment

ACIT, CIR-45, KOLKATA, KOLKATA vs. SHRI SANJOY SARAF, KOLKATA

In the result, the appeals of the revenue are dismissed

Bench: Shri N.V. Vasudevan, Hon’Ble & Shri Waseem Ahmed, Hon’Ble] I.T.A. No. 582/Kol/2015 Assessment Year: 2010-11 & I.T.A. No. 583/Kol/2015 Assessment Year: 2011-12 Acit, Circle-45, Kolkata……………………..…..………………………………………….…….……...Appellant 3, Government Place West Ground Floor Kolkata – 700 001 Shri Sanjoy Saraf…………..…………………………………………...……..……………………..…. Respondent Prop. Of M/S. Dati Corporation P-176, Scheme Vii M, Cit Road Ultadanga Kolkata – 700 054 [Pan : Bknps 7166 M] Appearances By: Shri Dev Kumar Kothari, Fca, Appeared On Behalf Of The Assessee. Shri S.Dasgupta, Addl. Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 21St, 2018 Date Of Pronouncing The Order : 1St March, 2018 O R D E R Per N.V. Vasudevan :-

Depreciation 646370 Rent 100000 Other General 1737112 Expenses Salary Expenses 2154000 Net Profit 14124465 18969203 18969203 Income is assessed at Rs.1,41,24,465/- as above. 3.1. In Assessment Year 2011-12, assessee had filed the return of income of Rs.26,98,245/-. For almost identical reasons as were given in the Assessment Year 2010-11, the Assessing Officer disallowed

ACIT, CIR-45, KOLKATA, KOLKATA vs. SHRI SANJOY SARAF, KOLKATA

In the result, the appeals of the revenue are dismissed

Bench: Shri N.V. Vasudevan, Hon’Ble & Shri Waseem Ahmed, Hon’Ble] I.T.A. No. 582/Kol/2015 Assessment Year: 2010-11 & I.T.A. No. 583/Kol/2015 Assessment Year: 2011-12 Acit, Circle-45, Kolkata……………………..…..………………………………………….…….……...Appellant 3, Government Place West Ground Floor Kolkata – 700 001 Shri Sanjoy Saraf…………..…………………………………………...……..……………………..…. Respondent Prop. Of M/S. Dati Corporation P-176, Scheme Vii M, Cit Road Ultadanga Kolkata – 700 054 [Pan : Bknps 7166 M] Appearances By: Shri Dev Kumar Kothari, Fca, Appeared On Behalf Of The Assessee. Shri S.Dasgupta, Addl. Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 21St, 2018 Date Of Pronouncing The Order : 1St March, 2018 O R D E R Per N.V. Vasudevan :-

Depreciation 646370 Rent 100000 Other General 1737112 Expenses Salary Expenses 2154000 Net Profit 14124465 18969203 18969203 Income is assessed at Rs.1,41,24,465/- as above. 3.1. In Assessment Year 2011-12, assessee had filed the return of income of Rs.26,98,245/-. For almost identical reasons as were given in the Assessment Year 2010-11, the Assessing Officer disallowed

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 7(1), KOLKATA, KOLKATA vs. EMAS EXPRESSWAY PRIVATE LIMITED, KOLKATA

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

Bench: SHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

145 of the Act. In view of sub section (3) of the same the sand sub-section has given ample discretion of the assessee with regard to correctness and completeness of any account of the assessee in case where the method of accounting provided in sub-section (1) or accounting standards as notified under sub-section (2) have not been

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]

section 14A which is brought in the statute book with retrospective effect from 1.4.1962. The disallowance had to be made only on an estimated basis with regard to the expenditure incurred for the purpose of earning tax free income. The Hon’ble Jurisdictional High Court in the case of CIT vs M/s R.R.Sen & Brothers

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]

section 14A which is brought in the statute book with retrospective effect from 1.4.1962. The disallowance had to be made only on an estimated basis with regard to the expenditure incurred for the purpose of earning tax free income. The Hon’ble Jurisdictional High Court in the case of CIT vs M/s R.R.Sen & Brothers

ITO, WD-1(3), KOLKATA, KOLKATA vs. THE INSTITUTE OF INDIAN FOUNDRYMEN, KOLKATA

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

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Ito(E), Wd-1(3), Kolkata Vs. The Institute Of Indian Foundrymen 6Th Floor, 10B, Middleton Row, Kolkata Iif Center, 335, Rajdanga Main – 700 071. Road, East Kolkata Township, P.O. Kolkata – 700 107. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatt 6606 M (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

depreciation claimed without appreciating the fact that the cost of acquisition earlier years thereby reducing written down value to nil. 6. That the assessee craves for leave to add, delete or modify any of the grounds of appeal before or at the time of hearing.” 3. Ground No.1, 2 and 3 raised by the Revenue relate to addition of Rs.1