THE BANK OF TOKYO-MITSUBISHI LIMITED,KOLKATA vs. ADIT, INT. TAX., KOLKATA

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

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

Depreciation allowable 71,141.00 23,26,196.00 Add:Disallowable Expenditure under section 36 of the Income Tax Act 1961 P.F 30,546.00 Provision for Bad & Doubtful debts 38,077.00 Provision for Leave Salary 5,00,000.00 Donation 20,000.00 Gift 18,600,.00 6,07,223.00 Add: Disallowable Expenditure under Section 37 Software purchase being capital 25,000.00 expenditure debited

ALISHAN STEELS PVT. LTD,KOLKATA vs. DCIT, CIRCLE-1(1), KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawal

69A or section 69C or section 69D." The intention of the legislature in introducing the amendment, as stated in the explanatory note, is to avoid unnecessary litigation and to expressly provide that no set off of any loss shall be allowable in respect of income under section 68. Therefore, it has to be held that, as on the relevant date

ALISHAN STEELS (P)LTD,KOLKATA vs. DCIT, CIRCLE-1(1), KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawal

69A or section 69C or section 69D." The intention of the legislature in introducing the amendment, as stated in the explanatory note, is to avoid unnecessary litigation and to expressly provide that no set off of any loss shall be allowable in respect of income under section 68. Therefore, it has to be held that, as on the relevant date

ACIT, INTERNATIONAL TAXATION CIR.-1(2), KOLKATA , KOLKATA vs. MAHABIR PRASAD GUPTA , KOLKATA

In the result, the appeal filed by the Revenue and the Cross

Bench: Dr. Manish Borad & Sonjoy Sarma

section 69A of Income Tax Act 1961; the Ld. CIT (A) erred in law and facts by deleting the disallowance of Rs.28,27,141/-on account of interest and bank charges while estimating the net profit at 8% of cash deposit transactions which applied normally as net profit without further deduction on account of other expenses including depreciation

DCIT, CIRCLE - 10(2), KOLKATA , KOLKATA vs. M/S. V2 RETAIL LTD., NEW DELHI

In the result, the appeal of the Revenue and C

Bench: Shri Waseem Ahmed, Am & Ms. Madhumita Roy, Jm आयकर अपीलसं./I.T.A No.724/Kol/2018 ("नधा"रण वष" / Assessment Year: 2009-10) Dcit, Circle-10(2), Kolkata Vs. M/S V2 Retail Ltd. Plot- No.8, Pocket-2, Block-A, Rangpuri Extensions, Nh-8, New Delhi-110037. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcv5632P (Appellant) .. (Respondent) C.O No.11/Kol/2020 (In I.T.A No.724/Kol/2018) ("नधा"रण वष" / Assessment Year: 2009-10) M/S V2 Retail Ltd. Vs. Dcit, Circle-10(2), Kolkata Plot- No.8, Pocket-2, Block-A, Rangpuri Extensions, Nh-8, New Delhi-110037. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcv5632P (Cross-Objector) .. (Respondent) Appellant By : Shri Manish Kanojia, Dr Respondent By : Shri K. K. Chhaparia, Fca & Nirav Sheth, Fca सुनवाईक"तार"ख/ Date Of Hearing : 11/11/2020 घोषणाक"तार"ख/Date Of Pronouncement : 16/12/2020 आदेश / O R D E R Per Ms. Madhumita Roy: The Instant Appeal Filed By The Revenue & Cross-Objection Filed By The Assessee Are Against The Order Dated 25.01.2018 Passed By The Commissioner Of Income Tax (Appeals)-4, Kolkata Arising Out Of The Order Dated 20.03.2015 Passed

69A of the I. T. Act, 1961. I have, therefore, reason to believe that the assessee-company's income chargeable to tax has escaped assessment by the said amount of Rs.97.26 Crores and this is a fit case for invocation of the provisions of the Section 147 of the I. T. Act, 1961. Accordingly, the provisions of section

EIH LIMITED ,KOLKATA vs. DCIT, NFAC, DELHI

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

Bench: SHRI RAJPAL YADAV, VICE PRESIDENT SHRI SANJAY AWASTHI (Accountant Member)

depreciation under section 32 of the Act on the said leased assets being the legal owner. 18. FOR THAT the DRP erred in applying the decision of the jurisdictional tribunal in the case of Phillips India and the Delhi High Court in the case of Rio Tinto, when both these cases have been reversed by the jurisdictional Tribunal

EIH LIMITED,KOLKATA vs. D.C.I.T., INCOME TAX DEPARTMENT, NFAC, DELHI, KOLKATA

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

Bench: SHRI RAJPAL YADAV, VICE PRESIDENT SHRI SANJAY AWASTHI (Accountant Member)

depreciation under section 32 of the Act on the said leased assets being the legal owner. 18. FOR THAT the DRP erred in applying the decision of the jurisdictional tribunal in the case of Phillips India and the Delhi High Court in the case of Rio Tinto, when both these cases have been reversed by the jurisdictional Tribunal

D.C.I.T CIR - 3,ASANSOL, ASANSOL vs. M/S SANJAY TRANSPORT AGENCY, BURDWAN

In the result, Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year:-2009-10 Dcit, Circle-3, Asansol V/S. M/S Sanjay Transport At “Parmar Building”, Agency, 41, N.S.B. 54, G.T. Road (West), Road, Raniganj-713 347 Asansol-713 304 Burdwan [Pan No.Aavfs 6659 N] .. अपीलाथ" /Appellant ""यथ"/Respondent

69A, read with sections 143, 153, 153A of the Income-tax Act, 1961 - Unexplained moneys (Admission in sworn statement) - Assessment years 2001-02 to 2007-08 - Assessing Officer made additions as undisclosed income on basis of sworn statements of assessee during search and seizure - Assessee made out an issue that submissions of certain materials by him were not considered

M/S SKIPPER LIMITED,KOLKATA vs. DCIT, CEN. CIR. 3(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz)& Shri Rajesh Kumar]

Section 153A of the act 3 AY: 2013-14 M/s Skipper Ltd. on 31.12.2017 thereby assessing the income at Rs. 9,96,67,709/-. Thereafter the assessee moved a rectification petition dated 28.02.2018 requesting the AO that unabsorbed depreciation of Rs. 9,82,55,803/- has not been allowed set off from the income assessed and the AO thereafter passed

A.K. PROPERTIES PVT. LTD.,PURBA MEDINIPUR vs. I.T.O., WARD - 27(3), , HALDIA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 2498/Kol/2024 Assessment Year: 2017-2018 A.K. Properties Pvt. Limited,………….…………Appellant Vill. Kalikakhali, P.O. + P.S. Math Cahndipur, Tamluk, Purba Medinipur-721659, West Bengal [Pan:Aagca4016P] -Vs.- Income Tax Officer,………………….…………...Respondent Ward-27(3), Haldia, Income Tax Office, Basudebpur, Talpukur, Khanjanchak, Haldia, Purba Medinipur-721101, W.B. Appearances By: Shri Anand Sen, A.R., Appeared On Behalf Of The Assessee Shri L.N. Dash, Addl. Cit(D.R.), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: March 12, 2025 Date Of Pronouncing The Order: May 29, 2025 O R D E R

depreciation charges of Rs.16,142/-, interest on income tax return amounting to Rs.1,13,696/-, various expenditures of Rs.29,27,941/- and subscription & donation of Rs.27,600/-, which were remained unexplained. After considering 2 A.K. Properties Pvt. Limited the submissions made by the assessee, the ld. Assessing Officer concluded that the transactions made by the appellant were sham transactions

RAGHUVIR RETAILERS PVT. LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2 Raghuvir Retailers Pvt. Ltd. Aaykar Bhavan P-7, Mandawa Shikhar, 151, Sarat Chowringhee Square, Kolkata- Bose Road, Kolkata-700026, Vs. 700069, West Bengal West Bengal (Respondent) (Appellant) Pan No. Aaecr8231M Assessee By : Shri S.M. Surana, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 19.12.2024 Date Of Pronouncement : 11.02.2024

69A of the Act to the income of the assessee instead of Rs. 2,52,42,000/- and calculated the taxes accordingly. Therefore, the amount received from M/s Sheetal Steel amounting to ₹2,01,87,000/- was not added back, whereas the said amount was clearly mentioned by the ld. AO in Para 2 of page no.2 that income

SRIMANTA KUMAR SHIT,PURBA MEDINAPORE vs. A.C.I.T., CIRCLE - 27(2), HALDIA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumari.T.A. No. 1911/Kol/2024 Assessment Year: 2017-2018 Srimanta Kumar Shit,………………...…………Appellant Rangamalaput, Junput-Contai, Purba Medinapore-721450, West Bengal [Pan:Bffps3635Q] -Vs.- Assistant Commissioner Of Income Tax..…Respondent Circle-27(2), Haldia, Basudebpur, Talpukur, Khanjan Chak, Haldia, Midnapore-721101, W.B. Appearances By: Shri S.K. Tulsiyan, Advocate & Lata Goyal, Ca, Appeared On Behalf Of The Assessee Shri Subhendu Datta, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : October 22, 2024 Date Of Pronouncing The Order : November 19, 2024 O R D E R

section 144 of the Act was passed on 30.12.2019 making the following disallowances/additions: Disallowance of Trawler related Rs.1,14,97,589/- expenses and depreciation Addition on account of sundry Rs. 12,55,30,136/- creditors 3 Srimanta Kumar Shit Addition u/s 56(2)(vii)(b)(ii) of the Rs.29,68,865/- Act Addition on account of Fixed Rs.2

GAUTAM CHAND KANKARIA,KOLKATA vs. PCIT-9, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

depreciation on gas cylinders and goods containers. 12. Ld. Commissioner thereafter sought to revise the assessment order. The stand of the assessee was that this action under section 263 is time- barred because the action sought to be taken is from the time limit of the reassessment order. The revisionary order under section 263 of the Act was passed

ISHTIYAQUE AHMED,KOLKATA vs. DCIT/ACIT, CC-4(3),, KOLKATA

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

Depreciation @10% Rs 9,250/-\nRs 83,250/-\nProperty\nAs per last account\nRs 12,65,650/-\nRs 13,65,317/-\n6.1 On perusal of the above, it appears that the total of the three\nentries is Rs.13,65,317/- and the amount of Rs.13,65,317/- was\ndisclosed in the ITR filed under section 139(4) dated

ISHTIYAQUE AHMED,KOLKATA vs. DCIT/ACIT, CC - 4(3),, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2066 To 2071/Kol/2025 Assessment Years: 2020-21, 2021-22, 2022-23, 2019-20, 2020-21 & 2022-23 Ishtiyaque Ahmed……...……………..………………….……….……….……Appellant 55, Narkeldanga North Road, Narkeldanga, Kol-11.. [Pan: Ajxpa4337L] Vs. Dcit/Acit, Cc-4(3), Kolkata.……….…………………….....……...…..…..Respondent Appearances By: Shri Manish Tiwari, Ar Appeared On Behalf Of The Appellant. Shri Subrata Aich, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 10, 2025 Date Of Pronouncing The Order : December 08, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As The “Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”]. Ita Nos.2066 To 2068/Kol/2025 Are Pertaining To The Quantum Additions & Ita Nos.2069 To 2071/Kol/2025 Are Pertaining To Levying Of Penalty U/S 272A(1)(D) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since The Issues Involved In All The Appeals Are Interconnected & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order.

Depreciation @10% Rs 9,250/- Rs 83,250/- Property As per last account Rs 12,65,650/- Rs 13,65,317/- 6.1 On perusal of the above, it appears that the total of the three entries is Rs.13,65,317/- and the amount of Rs.13,65,317/- was disclosed in the ITR filed under section 139(4) dated

ISHTIYAQUE AHMED,KOLKATA vs. DCIT/ACIT, CC-4(3),, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2066 To 2071/Kol/2025 Assessment Years: 2020-21, 2021-22, 2022-23, 2019-20, 2020-21 & 2022-23 Ishtiyaque Ahmed……...……………..………………….……….……….……Appellant 55, Narkeldanga North Road, Narkeldanga, Kol-11.. [Pan: Ajxpa4337L] Vs. Dcit/Acit, Cc-4(3), Kolkata.……….…………………….....……...…..…..Respondent Appearances By: Shri Manish Tiwari, Ar Appeared On Behalf Of The Appellant. Shri Subrata Aich, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 10, 2025 Date Of Pronouncing The Order : December 08, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As The “Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”]. Ita Nos.2066 To 2068/Kol/2025 Are Pertaining To The Quantum Additions & Ita Nos.2069 To 2071/Kol/2025 Are Pertaining To Levying Of Penalty U/S 272A(1)(D) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since The Issues Involved In All The Appeals Are Interconnected & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order.

Depreciation @10% Rs 9,250/- Rs 83,250/- Property As per last account Rs 12,65,650/- Rs 13,65,317/- 6.1 On perusal of the above, it appears that the total of the three entries is Rs.13,65,317/- and the amount of Rs.13,65,317/- was disclosed in the ITR filed under section 139(4) dated

ISHTIYAQUE AHMED,KOLKATA vs. DCIT/ACIT, CC-4(3),, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2066 To 2071/Kol/2025 Assessment Years: 2020-21, 2021-22, 2022-23, 2019-20, 2020-21 & 2022-23 Ishtiyaque Ahmed……...……………..………………….……….……….……Appellant 55, Narkeldanga North Road, Narkeldanga, Kol-11.. [Pan: Ajxpa4337L] Vs. Dcit/Acit, Cc-4(3), Kolkata.……….…………………….....……...…..…..Respondent Appearances By: Shri Manish Tiwari, Ar Appeared On Behalf Of The Appellant. Shri Subrata Aich, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 10, 2025 Date Of Pronouncing The Order : December 08, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As The “Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”]. Ita Nos.2066 To 2068/Kol/2025 Are Pertaining To The Quantum Additions & Ita Nos.2069 To 2071/Kol/2025 Are Pertaining To Levying Of Penalty U/S 272A(1)(D) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since The Issues Involved In All The Appeals Are Interconnected & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order.

Depreciation @10% Rs 9,250/- Rs 83,250/- Property As per last account Rs 12,65,650/- Rs 13,65,317/- 6.1 On perusal of the above, it appears that the total of the three entries is Rs.13,65,317/- and the amount of Rs.13,65,317/- was disclosed in the ITR filed under section 139(4) dated

ISHTIYAQUE AHMED,KOLKATA vs. DCIT/ACIT, CC-4(3), KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2066 To 2071/Kol/2025 Assessment Years: 2020-21, 2021-22, 2022-23, 2019-20, 2020-21 & 2022-23 Ishtiyaque Ahmed……...……………..………………….……….……….……Appellant 55, Narkeldanga North Road, Narkeldanga, Kol-11.. [Pan: Ajxpa4337L] Vs. Dcit/Acit, Cc-4(3), Kolkata.……….…………………….....……...…..…..Respondent Appearances By: Shri Manish Tiwari, Ar Appeared On Behalf Of The Appellant. Shri Subrata Aich, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 10, 2025 Date Of Pronouncing The Order : December 08, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As The “Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”]. Ita Nos.2066 To 2068/Kol/2025 Are Pertaining To The Quantum Additions & Ita Nos.2069 To 2071/Kol/2025 Are Pertaining To Levying Of Penalty U/S 272A(1)(D) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since The Issues Involved In All The Appeals Are Interconnected & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order.

Depreciation @10% Rs 9,250/- Rs 83,250/- Property As per last account Rs 12,65,650/- Rs 13,65,317/- 6.1 On perusal of the above, it appears that the total of the three entries is Rs.13,65,317/- and the amount of Rs.13,65,317/- was disclosed in the ITR filed under section 139(4) dated

ISHTIYAQUE AHMED,KOLKATA vs. DCIT/ACIT, CC-4(3),, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2066 To 2071/Kol/2025 Assessment Years: 2020-21, 2021-22, 2022-23, 2019-20, 2020-21 & 2022-23 Ishtiyaque Ahmed……...……………..………………….……….……….……Appellant 55, Narkeldanga North Road, Narkeldanga, Kol-11.. [Pan: Ajxpa4337L] Vs. Dcit/Acit, Cc-4(3), Kolkata.……….…………………….....……...…..…..Respondent Appearances By: Shri Manish Tiwari, Ar Appeared On Behalf Of The Appellant. Shri Subrata Aich, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 10, 2025 Date Of Pronouncing The Order : December 08, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As The “Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”]. Ita Nos.2066 To 2068/Kol/2025 Are Pertaining To The Quantum Additions & Ita Nos.2069 To 2071/Kol/2025 Are Pertaining To Levying Of Penalty U/S 272A(1)(D) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since The Issues Involved In All The Appeals Are Interconnected & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order.

Depreciation @10% Rs 9,250/- Rs 83,250/- Property As per last account Rs 12,65,650/- Rs 13,65,317/- 6.1 On perusal of the above, it appears that the total of the three entries is Rs.13,65,317/- and the amount of Rs.13,65,317/- was disclosed in the ITR filed under section 139(4) dated