DCIT,CIRCLE-8, KOLKATA, KOLKATA vs. M/S. THE SATURDAY CLUB LTD, KOLKATA

In the result, the appeals of the Revenue for A

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

house property let to its members and their guests is not chargeable to tax. ” Cricket Club of India: Whether the income from the property held by the assessee could not be brought charge under the provisions of Sec. 22 to 26 of the Act. India Motion Pictures Association (180 ITR 160): “Whether the principle of mutuality is applicable

M/S ESTIN TIE UP PVT. LTD.,KOLKATA vs. A.C.I.T., CENTRAL CIRCLE-1(2), KOLKATA

In the result, the two cross appeals filed by the assessee as well as the Revenue are partly allowed for statistical purposes

Bench: Shri Duvvuru Rl Reddy & Shri Rakesh Mishra

section 48. 12. The note of submission filed by the assessee is as under: “1. One Bengal Flour Mill acquired the property being house no. 32. Jagat Banerjee Ghat Road, Howrah on 7th January 1910. The name of Bengal Flour mill was subsequently changed to BEM Industries Ltd. (Please see Development agreement dated 1st January 2007 at page

A.C.I.T.,CENTRAL CIRCLE-1(2), KOLKATA vs. M/S ESTIN TIE UP PVT. LTD., KOLKATA

In the result, the two cross appeals filed by the assessee as well as the Revenue are partly allowed for statistical purposes

Bench: Shri Duvvuru Rl Reddy & Shri Rakesh Mishra

section 48. 12. The note of submission filed by the assessee is as under: “1. One Bengal Flour Mill acquired the property being house no. 32. Jagat Banerjee Ghat Road, Howrah on 7th January 1910. The name of Bengal Flour mill was subsequently changed to BEM Industries Ltd. (Please see Development agreement dated 1st January 2007 at page

DEBASISH BANERJEE,KOLKATA vs. ITO, WARD 44(1), , KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2018-19 Debasish Banerjee…………….……………………….……….……….……Appellant C/O Subash Agarwal & Associates, 1, Gibson Lane, Kol- 700069.. [Pan: Agfpb3602C] Vs. Ito, Ward-44(1), Kolkata………………………………….....……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Manas Mondal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 16, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 23.04.2025 Of The National Faceless Appeal Centre [Hereinafter Referred To As The “Ld. Cit(A)”] Arising Out Of An Order Passed U/S 143(3) R.W.S. 144B Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”] Dated 30.04.2021 By Ito, Ward-44(1), Kolkata.

house property and income from other sources and the assessee filed his return of income declaring total income of Rs.2,40,660/- for the year under consideration. The case was selected for limited scrutiny on the issue of “the assessee has reported sale consideration in the capital gain schedule of return of income, which is less than value

KOOMBER PROPERTIES & LEASING CO. PVT. LTD. ,KOLKATA vs. DCIT, CPA. BANGALORE. , BANGALORE.

In the result, the appeal of the assessee is allowed in the above terms

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

House” 14, Gurusaday Road, Kolkata-700019 Telephone: 2287-3067/8737/1816 Fax No.: (033) 2287-2577/7089 KPLC/IT/2018-19 August 24, 2023 The Joint Commissioner of Income Tax (A)-l Coimbatore Dear Sir, PAN: AABCK3342D ASSESSMENT YEAR 2018-19 DIN: ITBA/APL/F/APL 1/2023-24/1055203146(1), DATED 17/08/2023 2 Koomber Properties & Leasing Co. Pvt. Ltd. APPEAL NO, CIT(A), Kolkata-4/10179/2019-20 This has reference

M/S COAL INDIA LTD.,KOLKATA vs. DCIT, CIR-5(1), , KOLKATA

160 Taxman 48/289\nITR 6 (SC), wherein it is held that investments made by a banking concern\nare part of the business or banking. Therefore, the income arising from such\ninvestments is attributable to business of banking falling under the head\n'profits and gains of business and profession'. On that basis, the circular\ncontains the decision of the Board

SMRITI JAISWAL,KOLKATA vs. INCOME TAX OFFICER, WARD-33(2),, KOLKATA

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 1224/Kol/2024 Assessment Year: 2017-2018 Smriti Jaiswal,…………………………..…………Appellant Flat 33, 86 Prince Golam Hossain Street, Kolkata-700032 [Pan:Afdpj6962N] -Vs.- Income Tax Officer,……………………………….Respondent Ward-33(2), Kolkata, 10B, Middleton Road, Kolkata-700071 Appearances By: Shri Sankar Lal Poddar, A.R., Appeared On Behalf Of The Assessee Shri Manas Mondal, Addl. Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: November 11, 2024 Date Of Pronouncing The Order: November 28, 2024 O R D E R

house property income and income from proprietary business, M/s. Movie Max, which runs Popkorn Cinema at Galaxia Mall, Ranchi. Further, the assessee is also partner in M/s. Sujata Picture Palace along with another partner, Shri Dushyant Jaiswal. During the year under consideration, Sujata Cinema was gutted in fire on 10.02.2017 before filing of the income tax returns. A copy

ACHHELAL YADAV,DANKUNI vs. ITO, WARD-23(1),HOOGHLY. , HOOGHLY

In the result, appeal of the assessee is allowed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 844/Kol/2023 Assessment Year: 2013-14 Achhelal Yadav Income Tax Officer, Ward- 23(1), G/4/3, Phase-Ii, Dankuni Housing Vs Hooghly Complex P.O. Dankuni West Bengal - 712331 [Pan: Aakpy3403B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Surana, A/R Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 10/10/2023 घोषणा क" तारीख /Date Of Pronouncement: 14/12/2023 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 17/07/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Ld. Cit(A) Erred In Confirming The Order Of The Ao Passed U/S 154 When In Fact The Entire Sold Lands Were Rural Agriculture Lands & Thus The Said Lands Do Not Come Under The Purview Of The Definition Of Capital Asset As Provided Under Section 2(14)(Iii) & Thus The Entire Calculation Of Capital Gain On Sale Of Rural Agriculture Land Was Illegal, Wrong & Without Any Sanction Of Law. 2. For That The Ld. Cit(A) Erred In Confirming The Action Of Ao By Invoking The Provision Of Section 154 Of The Income Tax Act Since The Mistake, Which Was Sought To Be Rectified By The Ao, Was Not A Mistake Apparent From The Record As Prescribed Under Section 154. 2

property used for residence and cannot apply on the case of the assessee where agricultural land has been sold. The ld. Assessing Officer also observed that even Section 54F of the Act cannot be applied because the same pertains to capital gain on transfer of certain capital assets not to be charged in case of investment in residential house. During

BHARGAB ENGINEERING WORKS,HOWRAH vs. PCIT, CENTRAL KOLKATA 2, , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

160/-. The ld. PCIT, Central Circle-2, Kolkata thereafter, examined the record and observed certain discrepancies from the from the assessment record and the order under section 147 r.w.s. 143(3) dated 30.03.2023 was considered as erroneous and prejudicial to the interest of the revenue within the meaning of section 263 of the Act. An opportunity of being heard vide

BALAKA VINIMAY PVT. LTD.,KOLKATA vs. ITO, WARD-2(1), KOLKATA

In the result, appeals of the assessee in ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay Pvt. Ltd. Income Tax Officer, Ward – 2(1), 9/12, Lal Bazar Street Vs Kolkata Kolkata - 700001 [Pan : Aadcb2610B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, A/R & Saurav Gupta, A/R Revenue By : Shri Abhijit Kundu, Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 09/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”). Ita No. 160/Kol/2024 Is Against The Order Of The Ld. Cit(A) Dt. 29/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Arising Out Of The Penalty Order Passed By The Ld. Assessing Officer U/S 271(1)(C) Of The Act & Ita No. 161/Kol/2023, Is Against The Order Of The Ld. Cit(A) Dt. 28/11/2023, Arising Out Of The Order Of The Ld. Assessing Officer Passed U/S 143(3) R.W.S. 254 Of The Act, For Assessment Year 2008-09. 2. Though The Assessee Has Raised Various Grounds In Both These Appeals, But The Effective Issue Raised In Ita No. 161/Kol/2024 Is Against The Addition Made U/S 68 Of The Act For Unexplained Share Capital Confirmed By The Ld. Cit(A) & In Ita No. 160/Kol/2024 Is Against The Levy Of Penalty U/S 271(1)(C) Of The Act On The Addition Made

Property Investments (P) Ltd -vs- ITO [2023] 152 taxmann.com 256 (Karnataka) (viii) PCIT -vs- Himachal Fibres Ltd. [2018] 98 taxmann.com 173 (SC) (ix) PCIT -vs- Himachal Fibres Ltd. [2018] 98 taxmann.com 172 (Delhi) CIT -vs- Dataware Private Limited ITAT No. 263 of 2011 : GA No. 2856 of 2011 (x) 7 I.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay

BALAKA VINIMAY PVT. LTD.,KOLKATA vs. ITO, WARD-2(1), KOLKATA

In the result, appeals of the assessee in ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay Pvt. Ltd. Income Tax Officer, Ward – 2(1), 9/12, Lal Bazar Street Vs Kolkata Kolkata - 700001 [Pan : Aadcb2610B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, A/R & Saurav Gupta, A/R Revenue By : Shri Abhijit Kundu, Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 09/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Instant Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”). Ita No. 160/Kol/2024 Is Against The Order Of The Ld. Cit(A) Dt. 29/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Arising Out Of The Penalty Order Passed By The Ld. Assessing Officer U/S 271(1)(C) Of The Act & Ita No. 161/Kol/2023, Is Against The Order Of The Ld. Cit(A) Dt. 28/11/2023, Arising Out Of The Order Of The Ld. Assessing Officer Passed U/S 143(3) R.W.S. 254 Of The Act, For Assessment Year 2008-09. 2. Though The Assessee Has Raised Various Grounds In Both These Appeals, But The Effective Issue Raised In Ita No. 161/Kol/2024 Is Against The Addition Made U/S 68 Of The Act For Unexplained Share Capital Confirmed By The Ld. Cit(A) & In Ita No. 160/Kol/2024 Is Against The Levy Of Penalty U/S 271(1)(C) Of The Act On The Addition Made

Property Investments (P) Ltd -vs- ITO [2023] 152 taxmann.com 256 (Karnataka) (viii) PCIT -vs- Himachal Fibres Ltd. [2018] 98 taxmann.com 173 (SC) (ix) PCIT -vs- Himachal Fibres Ltd. [2018] 98 taxmann.com 172 (Delhi) CIT -vs- Dataware Private Limited ITAT No. 263 of 2011 : GA No. 2856 of 2011 (x) 7 I.T.A. No. 160 & 161/Kol/2024 Assessment Year: 2008-09 Balaka Vinimay

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

160 Taxman 48/289\nITR 6 (SC), wherein it is held that investments made by a banking concern\nare part of the business or banking. Therefore, the income arising from such\ninvestments is attributable to business of banking falling under the head\n'profits and gains of business and profession'. On that basis, the circular\ncontains the decision of the Board

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

Property & Investment Private Limited is in the nature of loan which was taken for business on various dates and the same have been made through proper banking channels. Further, it is also stated by the appellant that the said loan was taken for very short duration and hence the same was also repaid in the next financial year

NEZONE TUBES LIMITED,KOLKATA vs. DCIT, CIRCLE 1(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

Property & Investment Private Limited is in the nature of loan which was taken for business on various dates and the same have been made through proper banking channels. Further, it is also stated by the appellant that the said loan was taken for very short duration and hence the same was also repaid in the next financial year

TRUE-MAN CONSULTANTS PVT. LTD. ,KOLKATA vs. ITO,WARD-7(2),KOLKATA. , KOLKATA

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

Bench: Sri Rajpal Yadav & Dr. Manish Borad

160), Memorandum and Articles of Association (161), Copy of PAN Card (179) copy of share application (180), Copy of confirmation of Investment (181) 4. Aqua Viiicom Private 25 Lacs 11,13,01,196/- Copy of Auditor's Report (182), Audited Limited. (Page no. 186 of the Balance Sheet (186), Bank statement AAJCA0593L paper book) (194), Incorporation certificate (195), Income

N C SHAW AND CO BEVERAGES PRIVATE LIMITED,KOLKATA vs. ADDL. COMMISSIONER OF INCOME TAX (TDS), RANGE-2, KOLKATA, KOLKATA

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

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

160 taxmann.com 12 (SC)), the relevant portion of the judgement of Hon’ble Supreme Court is reproduced below: “5. The services rendered by the agent to the principal, according to the latter portion of Explanation (i) to Section 194-H of the Act, should not be in the nature of professional services. Further, Explanation (i) to Section

N C SHAW AND CO BEVERAGES PRIVATE LIMITED ,KOLKATA vs. INCOME TAX OFFICER, TDS CIRCLE 2(2), KOLKATA, KOLKATA

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

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

160 taxmann.com 12 (SC)), the relevant portion of the judgement of Hon’ble Supreme Court is reproduced below: “5. The services rendered by the agent to the principal, according to the latter portion of Explanation (i) to Section 194-H of the Act, should not be in the nature of professional services. Further, Explanation (i) to Section

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

Section 92C may not only be legally impermissible but will lend itself to arbitrariness. What is then needed is a clear statutory scheme encapsulating the legislative policy and mandate which provides the necessary checks against arbitrariness while at the same time addressing the apprehension of tax avoidance. 76. As explained by the Supreme Court in CIT v. B.C. Srinivasa Setty