S. N. CONSTRUCTION,BANKURA vs. ACIT, CIR-2, DURGAPUR, DURGAPUR

In the result, the appeal of the assessee is allowed in part and the appeal of the revenue is dismissed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S.Godara, Jm] I.T.A No. 1117/Kol/2017 Assessment Year : 2011-12 S.N. Construction -Vs- Acit, Circle-2, Durgapur [Pan: Abafs 9119 B] (Appellant) (Respondent) I.T.A No. 1205/Kol/2017 Assessment Year : 2011-12 Acit, Circle-2, Durgapur -Vs- S.N. Construction [Pan: Abafs 9119 B] (Appellant) (Respondent)

disallowance under section 40A(3) of the Act, and this ground of the appeal of the assessee is allowed. 9.2. We find that the Hon‟ble Jurisdictional High Court in the case of Goenka Agencies vs CIT reported in (2003) 263 ITR 145

ACIT, CIR-2, DURGAPUR, DURGAPUR vs. S. N. CONSTRUCTION, BANKURA

In the result, the appeal of the assessee is allowed in part and the appeal of the revenue is dismissed

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri S.S.Godara, Jm] I.T.A No. 1117/Kol/2017 Assessment Year : 2011-12 S.N. Construction -Vs- Acit, Circle-2, Durgapur [Pan: Abafs 9119 B] (Appellant) (Respondent) I.T.A No. 1205/Kol/2017 Assessment Year : 2011-12 Acit, Circle-2, Durgapur -Vs- S.N. Construction [Pan: Abafs 9119 B] (Appellant) (Respondent)

disallowance under section 40A(3) of the Act, and this ground of the appeal of the assessee is allowed. 9.2. We find that the Hon‟ble Jurisdictional High Court in the case of Goenka Agencies vs CIT reported in (2003) 263 ITR 145

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

disallowance under section 40(a)(ia) could be made for the failure of the assessee to do so in the assessment completed by the Assessing Officer under section 143(3)/144 since the books of account of the assessee were rejected by him by invoking the provision of section 145

INCOME TAX OFFICER-WARD-12(1), KOLKATA, KOLKATA vs. M/S STANDARD LEATHER PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2010-11

disallowed and added to the total income of the assessee. In the instant case, the balances of many of the sundry creditors were outstanding coming from earlier years. Payments were made to some or the creditors during the year. The said payments have been accepted by the AO which means genuinity of the payments to these creditors as well

DCIT, CIR-4, KOLKATA, KOLKATA vs. M/S MARUTI FREIGHT MOVERS LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri N. V. Vasudevan & Shri M. Balaganesh, I.T.A. No. 482/Kol/2014 Assessment Years: 2009-10

disallowance of any expenditure invoking the provisions of section 40A(3). He placed reliance on the decision of the ITAT, in the case of G.A. Roadlines Vs. ITO, 44 SOT 145

ICI INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE-10, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

disallowances. 4. The ld AR filed additional ground of appeal before us as below:- “That the notice issued under section 143(2) of the Act dated 18 November 2004 is of no consequence for the matter under consideration and no notice at all was issued under section 143(2) of the Act after filing the return of income in response

ACIT, CIRCLE-10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD, KOLKATA

In the result, the appeal filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

disallowances. 4. The ld AR filed additional ground of appeal before us as below:- “That the notice issued under section 143(2) of the Act dated 18 November 2004 is of no consequence for the matter under consideration and no notice at all was issued under section 143(2) of the Act after filing the return of income in response

M/S. INDIAN ROADWAYS CORPORATION LTD., ,KOLKATA vs. PRINCIPAL CIT, CENTRAL - 1, KOLKATA , KOLKATA

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

Bench: Shri A.T.Varkey, Jm & Dr. A.L. Saini, Am Vs. Principal Commissioner Of M/S Indian Roadways Corporation Ltd. Income Tax, Central-I, Irc House, 1, Sunyat Sen Street, Kolkata, Aayakar Bhawan Kolkata-700012. Poorva, 110, Shantipally, Kolkata-700107. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaci 7333 K (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

145/- (Rs.72,31,592 - Rs.13,68,447) should also be disallowed as being the balances not used in computation of assessee`s income. Therefore, the income assessed in assessment order passed u/s.153A read with section 143(3

ACIT, CIR.-26(1), KOLKATA,KOLKATA vs. M/S FUTURE DISTRIBUTORS, KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri A.T. Varkey

145(3). Any alleged understatement of profits by FGSIPL, if at all, can only have implications on the assessment of FGSIPL and not on the assessment of the present appellant firm. As far as the present appellant is concerned, the I.T.A. No 269/KOL/2017 Assessment year: 2010-2011 Page 19 of 31 AD has not been able to challenge

ACIT, CENTRAL CIRCLE - IV, KOLKATA, KOLKATA vs. M/S INLAND ROAD TRANSPORT(P)LTD, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

section 145(3) of the Act, which may be summarized as under - 4 I.T.A Nos. 1179, 1225-1226, 1426-1427, 1480-1482/ Kol/2012 & CO Nos.83,99,100 & 101/K/2012, Inland Road Transport Pvt. Ltd. (a) The Ld. AO has noted in the assessment order that the assessee failed to produce the books of account and other relevant records in course

ACIT, CC-IV, KOLKATA, KOLKATA vs. M/S INLAND ROAD TRANSPORT PVT. LTD., KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

section 145(3) of the Act, which may be summarized as under - 4 I.T.A Nos. 1179, 1225-1226, 1426-1427, 1480-1482/ Kol/2012 & CO Nos.83,99,100 & 101/K/2012, Inland Road Transport Pvt. Ltd. (a) The Ld. AO has noted in the assessment order that the assessee failed to produce the books of account and other relevant records in course

ACIT, CENTRAL CIRCLE - IV, KOLKATA, KOLKATA vs. M/S. INLAND ROAD TRANSPORT(P)LTD, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

section 145(3) of the Act, which may be summarized as under - 4 I.T.A Nos. 1179, 1225-1226, 1426-1427, 1480-1482/ Kol/2012 & CO Nos.83,99,100 & 101/K/2012, Inland Road Transport Pvt. Ltd. (a) The Ld. AO has noted in the assessment order that the assessee failed to produce the books of account and other relevant records in course

ACIT, CENTRAL CIRCLE - IV, KOLKATA, KOLKATA vs. M/S. INLAND ROAD TRANSPORT(P)LTD, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

section 145(3) of the Act, which may be summarized as under - 4 I.T.A Nos. 1179, 1225-1226, 1426-1427, 1480-1482/ Kol/2012 & CO Nos.83,99,100 & 101/K/2012, Inland Road Transport Pvt. Ltd. (a) The Ld. AO has noted in the assessment order that the assessee failed to produce the books of account and other relevant records in course

ACIT, CENTRAL CIRCLE - IV, KOLKATA, KOLKATA vs. M/S. INLAND ROAD TRANSPORT(P)LTD, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

section 145(3) of the Act, which may be summarized as under - 4 I.T.A Nos. 1179, 1225-1226, 1426-1427, 1480-1482/ Kol/2012 & CO Nos.83,99,100 & 101/K/2012, Inland Road Transport Pvt. Ltd. (a) The Ld. AO has noted in the assessment order that the assessee failed to produce the books of account and other relevant records in course

ACIT, CC-IV, KOLKATA, KOLKATA vs. RATAN KUMAR SOMANI, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

section 145(3) of the Act, which may be summarized as under - 4 I.T.A Nos. 1179, 1225-1226, 1426-1427, 1480-1482/ Kol/2012 & CO Nos.83,99,100 & 101/K/2012, Inland Road Transport Pvt. Ltd. (a) The Ld. AO has noted in the assessment order that the assessee failed to produce the books of account and other relevant records in course

ACIT, CENTRAL CIRCLE - IV, KOLKATA, KOLKATA vs. M/S INLAND ROAD TRANSPORT (P)LTD, KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

section 145(3) of the Act, which may be summarized as under - 4 I.T.A Nos. 1179, 1225-1226, 1426-1427, 1480-1482/ Kol/2012 & CO Nos.83,99,100 & 101/K/2012, Inland Road Transport Pvt. Ltd. (a) The Ld. AO has noted in the assessment order that the assessee failed to produce the books of account and other relevant records in course

ACIT, CC-IV, KOLKATA, KOLKATA vs. M/S INLAND ROAD TRANSPORT PVT. LTD., KOLKATA

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

section 145(3) of the Act, which may be summarized as under - 4 I.T.A Nos. 1179, 1225-1226, 1426-1427, 1480-1482/ Kol/2012 & CO Nos.83,99,100 & 101/K/2012, Inland Road Transport Pvt. Ltd. (a) The Ld. AO has noted in the assessment order that the assessee failed to produce the books of account and other relevant records in course

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, the AO could not have legally estimated the income of the eligible unit. 15. Further according to ld. AR, the AO was legally obliged to first point out as to whether he was of the view that the transactions conducted by the eligible unit with other non-eligible units in terms of Section 80IA