DCIT, CC-4(1), KOLKATA, KOLKATA vs. M/S. MAAN CAPITAL SERVICES PVT. LTD. , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri S.S.Godara, Jm & Hon’Ble Shri M.Balaganesh, Am] I.T.A No. 1193/Kol/2017 Assessment Year : 2009-10 Dcit,Cc-4(1), Kolkata -Vs- M/S Maan Capital Services Pvt. Ltd. [Pan: Aaccm 0388 G] (Appellant) (Respondent)

section 143(3) / 153D / 153A of the Income Tax Act, 1961 (in short “the Act”) dated 30.03.2015 for the Assessment Year 2009-10. 2. The only issue to be decided in this appeal is as to whether the ld CITA was justified in deleting the addition of Rs 1,63,00,000/- towards share capital / share application 2 M/s Maan

ACIT, CENTRAL CIRCLE-3(3), KOLKATA, KOLKATA vs. M/S. PRAKASH PLY CENTRE PVT. LTD., KOLKATA

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

Bench: Shri S.S.Godara & Dr. A.L. Sainiit(Ss)A No.24-25/Kol/2017 &

disallowances were not contemplated by the provisions contained under section 153C read with section 153A. The disallowances made by the assessing

ACIT, CENTRAL CIRCLE-3(3), KOLKATA, KOLKATA vs. M/S. PRAKASH PLY CENTRE PVT. LTD., KOLKATA

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

Bench: Shri S.S.Godara & Dr. A.L. Sainiit(Ss)A No.24-25/Kol/2017 &

disallowances were not contemplated by the provisions contained under section 153C read with section 153A. The disallowances made by the assessing

BENI PRASAD LAHOTI,HOWRAH vs. DCIT, CC-2(2), KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

disallowance of speculation loss of Rs.28,83,6322/- was deleted by the CIT(A). Asst. Year: 2012-13 Returned income under Rs. 1,68,765/- section 139 Returned income under Rs. 8,76,720/- section 153A

BENI PRASAD LAHOTI,HOWRAH vs. DCIT, CC-2(2), KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

disallowance of speculation loss of Rs.28,83,6322/- was deleted by the CIT(A). Asst. Year: 2012-13 Returned income under Rs. 1,68,765/- section 139 Returned income under Rs. 8,76,720/- section 153A

KRISHNA GHOSH,DAKSHIN DINAJPUR vs. ACIT, CC-XX, KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: : Shri Waseem Ahmed & Shri S.S. Viswanethra Ravi

disallowances were not contemplated by the provisions contained under section 153C read with section 153A. The disallowances made by the assessing

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. SOUTHWINDS PROJECT LLP, KOLKATA

In the result, appeal of the revenue stands dismissed

Section 153A of the Act, is invalid and bad in law and beyond jurisdiction and thus on this ground itself, the assessment order passed u/s 153A of the Act, which is the subject matter of the instant appeals before us has rightly been quashed by the ld. CIT(A) and which thus does not call for any interference.”\n\n5.10

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)

disallowance which was required to be made if the return was regularly assessed under section 143(1) or under section 147 was not to be made under section 153A

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)

disallowance which was required to be made if the return was regularly assessed under section 143(1) or under section 147 was not to be made under section 153A

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)

disallowance which was required to be made if the return was regularly assessed under section 143(1) or under section 147 was not to be made under section 153A

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

disallowances were not contemplated by the provisions contained under section 153C read with section 153A. The disallowances made by the assessing

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

disallowances were not contemplated by the provisions contained under section 153C read with section 153A. The disallowances made by the assessing

DCIT, CC-4(1), KOLKATA, KOLKATA vs. M/S MAAN STEEL & POWER LTD., KOLKATA

In the result this appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri A. T. Varkey)

disallowances were not contemplated by the provisions contained under section 153C read with section 153A. The disallowances made by the assessing

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) ..

disallowance had not been made in the order passed u/s.153A read with section 143(3) dated 31/03/2016 despite starting the computation from the total income shown in revised original return i.e., Rs.36,23,652/-. Therefore, the income assessed u/s.,153A

DCIT, CENTRAL CIRCLE - 2(1), , KOLKATA vs. M/S. SHALIMAR PELLET FEEDS LTD., , KOLKATA

In the result, all the appeals filed by the Revenue are dismissed

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

153A 2013-14 27.03.2015 Section 143(3) All the above assessments made originally by the Assessing Officer for the five years under consideration were subsequently set aside by the concerned ld. CIT vide his orders passed under section 263 with a direction to the Assessing Officer to make the assessments afresh after examining the claim of the assessee for additional

DCIT, CENTRAL CIRCLE - 2(1), , KOLKATA vs. M/S. SHALIMAR PELLET FEEDS LTD., , KOLKATA

In the result, all the appeals filed by the Revenue are dismissed

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

153A 2013-14 27.03.2015 Section 143(3) All the above assessments made originally by the Assessing Officer for the five years under consideration were subsequently set aside by the concerned ld. CIT vide his orders passed under section 263 with a direction to the Assessing Officer to make the assessments afresh after examining the claim of the assessee for additional

DCIT, CENTRAL CIRCLE - 2(1), , KOLKATA vs. M/S. SHALIMAR PELLET FEEDS LTD., , KOLKATA

In the result, all the appeals filed by the Revenue are dismissed

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

153A 2013-14 27.03.2015 Section 143(3) All the above assessments made originally by the Assessing Officer for the five years under consideration were subsequently set aside by the concerned ld. CIT vide his orders passed under section 263 with a direction to the Assessing Officer to make the assessments afresh after examining the claim of the assessee for additional

DCIT, CENTRAL CIRCLE - 2(1), , KOLKATA vs. M/S. SHALIMAR PELLET FEEDS LTD., , KOLKATA

In the result, all the appeals filed by the Revenue are dismissed

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

153A 2013-14 27.03.2015 Section 143(3) All the above assessments made originally by the Assessing Officer for the five years under consideration were subsequently set aside by the concerned ld. CIT vide his orders passed under section 263 with a direction to the Assessing Officer to make the assessments afresh after examining the claim of the assessee for additional