SARDA MINES PVT. LIMITED,KOLKATA vs. DCIT, CIRCLE-05(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 868/Kol/2017 Assessment Year: 2012-13 Sarda Mines Pvt. Ltd...............................………………………………………………Appellant 6Th Floor, Circular Court, 8, Ajc Bose Road, Kolkata – 700017. [Pan : Aahcs 2419 R] D.C.I.T., Cir 5(2) Kolkata………………………………………………......................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 69 Appearances By: Shri A.K. Gupta, Fca Appearing On Behalf Of The Assessee. Md. Usman, Cit Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 21, 2017 Date Of Pronouncing The Order : December 14, 2017 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Principal Cit – 2, Kolkata Dated 28.03.2017 Passed Under Section 263 Of The Income Tax Act, 1961 & The Grounds Raised By The Assessee Therein Read As Under: “1. For That The Order Passed Under Section 263 Of The Income Tax Act, 1961 (In Short ‘The Act’) By The Principal Commissioner Of Income Tax -2, Kolkata (In Short ‘Cit’) Dated 28.03.2017 Is Without Jurisdiction & Illegal As None Of The Condition Precedent For Exercise Of The Power Under Section 263 Of The Act Exists And/Or Has Been Satisfied & As Such The Said Order Is Erroneous & Without Jurisdiction & Liable To Be Cancelled. 2. For That The Order Passed By The Assessing Officer Was Not In Any Way Erroneous Or Prejudicial To The Interest Of Revenue & As Such The Cit Would Not Exercise Any Power Under Section 263 Of The Act. The Cit Erred

263 of the Act. The CIT erred 2 I.T.A. No. 868/Kol/2017 Assessment Year: 2012-13 Sarda Mines Pvt. Ltd. in holding that the order of assessment is erroneous and prejudicial to the interest of revenue. 3. For that the CIT erred in setting aside the order of assessment on the ground of disallowance of additional operational and incidental expenses

APEEJAY SHIPPING LTD.,KOLKATA vs. CIT, KOLKATA-3, KOLKATA

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

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

263 and 251 whereby the MAT Credit already allowed was only increased by the Assessing Officer by the amount of surcharge and education cess while giving effect to the appellate order of the ld. CIT(Appeals). 9. In the case of CIT –vs.- Alagendran Finance Limited [211 CTR (SC) 69], a similar fact situation was involved, inasmuch as the claim

PHILIPS INDIA LTD.,KOLKATA vs. PCIT-IV, KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1142/Kol/2016 Assessment Year: 2009-10 Philips India Limited..........……………………………………....………………..…………………….….Appellant Earlier Known As Philips Electronics India Limited 7 No. Justice Chandra Madhab Road Kolkata – 700 020 [Pan : Aabcp 9487 A] Principal Commissioner Of Income Tax - Iv, Kolkata…….............…....................…...Respondent Appearances By: Shri P.J. Pardiwala, Sr. Advocate & Shri Navneet Misra, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 10Th, 2019 Date Of Pronouncing The Order : March 27Th, 2019 O R D E R Per J. Sudhakar Reddy :-

depreciation has been allowed on land, which is complete non-application of mind and in such a situation the power under Section 263

BRITANNIA INDUSTRIES LTD,KOLKATA vs. DCIT, CIR-7(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

263 of the Act is bad in law and cannot be sustained. 14. We also note that the jurisdiction has been invoked by the ld. PCIT for two issues, namely that i)the provisions of section 56(2)(x) of the Act were applicable to the acquisition of leasehold/freehold land and building from ‘BDMC’ on leasehold/freehold basis at Ranjangaon pursuant

THE PEERLESS GEN. FIN. & INV. CO. LTD.,KOLKATA vs. DCIT, CIRCLE-3(1), KOLKATA, KOLKATA

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

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

section 263 of the Act before the ld. CIT(A), but the same was still pending. Following the stand taken in assessee’s own case for A.Y. 2010-11 on a similar issue, the claim of the assessee for Long-Term Capital Loss on the sale of Government Securities by applying Cost Inflation Index was rejected by the Assessing Officer

BRITANNIA INDUSTRIES LTD,BANGALORE vs. PCIT-1, KOLKATA

In the result, the appeal of the assessee is allowed

263 of the Act and in the absence of the finding that the order is erroneous and prejudicial to the interest of Revenue, exercise of jurisdiction under the said section is not sustainable. In most cases of alleged "inadequate investigation", it will be difficult to hold that the order of the Assessing Officer, who had conducted enquiries and had acted

M/S. FUTURE DISTRIBUTORS,KOLKATA vs. PR.CIT, KOLKATA - 9, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

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

263, whereby he revised the order passed by the Assessing Officer under section 143(3) treating the same erroneous and prejudicial to the interest of the Revenue for the failure to make the disallowance under section 40(a)(ia) on account of payment of disbursed prize monies. 2. At the outset, it is noted that there is a delay

M/S MBL INFRASTRUCTURES LTD.,KOLKATA vs. DCIT, CENTRAL CIRCLE-2(2), KOLKATA, KOLKATA

Appeal is allowed

Bench: Shri P. M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.427/Kol/2018 ("नधा"रण वष" / Assessment Year: 2012-13) M/S. Mbl Infrastructure Ltd. Vs Dcit, Central Circle-2(2), Kolkata . 1St Floor, Divine Bliss, 2/3, Judges Court Road, Kolkata – 700027. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccm0564C (Appellant) .. (Respondent) Appellant By : Shri S. K. Tulsiyan, Advocate Respondent By : Shri Ram Bilash Meena, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 06/10/2020 घोषणाक"तार"ख/Date Of Pronouncement : 22/10/2020

263, the assessee furnished written submission, the excerpts of which are reproduced as under: "We reply as follows: Section 80-1A of the Income Tax Act read as follows: (1) Where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprise from any business referred to in sub-section

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)

Section 45 M/s. Garg Brothers Pvt. Ltd. M/s. Cliff TreximPvt. Ltd. M/s. Span Foundation Pvt. Ltd. Assessment Year: 2009-10 153 A is relatable to abated proceedings (i.e. those pending on the date of search) and the word `reassess’ to completed assessment proceedings. 61.So from the aforesaid dictum of law laid by the Hon’ble High Courtin the absence

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)

Section 45 M/s. Garg Brothers Pvt. Ltd. M/s. Cliff TreximPvt. Ltd. M/s. Span Foundation Pvt. Ltd. Assessment Year: 2009-10 153 A is relatable to abated proceedings (i.e. those pending on the date of search) and the word `reassess’ to completed assessment proceedings. 61.So from the aforesaid dictum of law laid by the Hon’ble High Courtin the absence

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)

Section 45 M/s. Garg Brothers Pvt. Ltd. M/s. Cliff TreximPvt. Ltd. M/s. Span Foundation Pvt. Ltd. Assessment Year: 2009-10 153 A is relatable to abated proceedings (i.e. those pending on the date of search) and the word `reassess’ to completed assessment proceedings. 61.So from the aforesaid dictum of law laid by the Hon’ble High Courtin the absence

EVEREADY INDUSTRIES INDIA LTD.,KOLKATA vs. DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

section 263, the assessee has preferred this appeal before the Tribunal. 3. Ground No. 1 raised by the assessee in this appeal is general while Grounds No. 2 & 3 read as under:- (2) For that on the facts and in the circumstances of the case, the assessment of the appellant having been selected for scrutiny under CASS the CIT could

BHAGWATI SPONGE PRIVATE LIMITED,BURDWAN vs. C.I.T ,ASANSOL, ASANSOL

In the result, the appeal of the assessee is allowed

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

section 263 pointing out such errors to the assessee as under:- "Whereas assessment for the Assessment Year 2008-09 was completed on 10.12.2010 u/s 143(3) of the I. T. Act, 61 accepting the returned income by the AO, ACIT, Circle-1, Asansol. I am of the opinion that because of inadequate investigation and incorrect application of law, error

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

In the result, the appeal of the Revenue is dismissed

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

depreciation amounting to Rs.19,26,87,056/-. 3. Against the order passed by the Assessing Officer under section 143(3) read with section 263

EIH LIMITED.,KOLKATA vs. C.I.T KOL - III,KOLKATA, KOLKATA

In the result, the order passed by the Learned CIT u/s 263 of the Act is set aside and the appeal of the assessee is allowed

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

263 of the Act in order to disallow proportionate depreciation on aircraft as the same was held to be used for non-business purposes in the assessment proceedings and hence correspondingly the depreciation on aircrafts also is to be disallowed proportionately in terms of section

NEW TEA CO. LTD.,KOLKATA vs. PCIT -2, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

section 263, written submissions were filed by the assessee vide letter dated 07.03.2016 and 09.03.2016. The Ld. CIT(A) however, did not find merit in the said submission and rejected the same by recording the following observations / findings in his impugned order: “8. But the A.R. has actually given false information as above and it was based on misleading contention

M/S. EVEREADY INDUSTRIES INDIA LTD.,KOLKATA vs. PR.CIT-4, KOLKATA

In the result, the appeal of the assessee stands allowed

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

263 with reference to assessee’s transactions with persons specified in Section 40A(2)(b) of the Act. In other words in CIT’s opinion assessee’s specified domestic transactions coming within the ambit of Section 92BA(i) of the Act should have been referred for transfer pricing scrutiny. We however note that the relevant provisions of Section 92BA were

M/S. BARTAMAN PVT. LIMITED,KOLKATA vs. DCIT, CIRCLE - 7(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

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

depreciation under section 32(1)(iia) was erroneous as well as prejudicial to the interest of the revenue and the notice under section 263

RADHEYSHYAM GUPTA,KOLKATA vs. PCIT-9, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: : Sri Rajpal Yadav & Sri Manish Boradआयकर अपील सं"या/ I.T.A. No. 187/कोल/2022 "नधा"रण वष"/Assessment Year: 2017-18 Radheyshyam Gupta...…………............... (अपीलाथ"/Appellant [Pan: Adjpg 3274 G] Vs. Pcit-9, Kolkata........................................(""यथ")/Respondent Appearances By: Sh. S.K. Tulsiyan, Adv. & Smt. Puja Somani, Ca, Appeared On Behalf Of The Assessee. Md. Ghayas Uddin, Cit, (D/R), Appeared On Behalf Of The Revenue. सुनवाई क" "त"थ/ Date Of The Hearing : July 19Th, 2022 Date Of Pronouncing The Order : Sept 09Th, 2022 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2017-18 Is Directed Against The Order Passed U/S 263 Of The Income Tax Act, 1961 (In Short The “Act”) By Ld. Pr. Commissioner Of Income-Tax-9, Kolkata [In Short

Section 263 of the Act. In the context of the present case if, as urged by the Revenue, the Assessee has wrongly claimed depreciation